Circular No. 05/2018/TT-BNNPTNT detailing certain provisions of the Water Resources Law

CIRCULAR

Detailed regulations on certain provisions of the Waterworks Law

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the Director General of the Department of Water Resources;

The Minister of Agriculture and Rural Development issues this Circular detailing certain provisions of the Waterworks Law.

PART I

GENERAL PROVISIONS

This Circular stipulates the establishment, issuance, and implementation of waterworks facility operation procedures; points of product and service delivery for waterworks; boundary markers for the protection zones of waterworks facilities; management and exploitation of small waterworks facilities and field-level waterworks.

In this Circular, the following terms are understood as follows:

2. Boundary markers for the protection zone of waterworks facilities are markers defining the boundary line separating the protection zone of waterworks facilities from areas outside the protection zone (hereinafter referred to as Boundary Markers).

3. Reference markers are existing or newly established markers used to replace boundary markers when it is not possible to establish boundary markers according to regulations.

4. Pre-drainage is the operation of waterworks facilities aimed at draining or discharging a certain amount of water before anticipated heavy rainfall events that could cause flooding.

WATERWORKS FACILITY OPERATION PROCEDURES

Article 3. Requirements for waterworks facility operation procedures

1. Ensuring safety for the facility and people's and property safety in the area.

2. Ensuring the supply of waterworks products and services according to the design mission of the facility.

3. Being consistent with the operation procedures of reservoirs and interconnected reservoirs related to the facility approved by competent state authorities.

4. Ensuring harmony of benefits, minimizing adverse impacts on related regions; maximizing comprehensive utilization efficiency and serving multiple objectives of waterworks facilities.

5. Ensuring transparency and public participation in the provision and use of waterworks products and services.

1. Legal basis for establishing the procedure, operating principles of the facility, main technical parameters, and mission of the facility.

2. Provisions on irrigation and water supply operations

a) Sequence of irrigation and water supply operations of the facility under normal conditions where water sources meet the design mission;

b) Sequence of irrigation and water supply operations of the facility during droughts, water shortages, salinity intrusion, and water pollution according to the principles specified in points a, b, and c of Clause 2, Article 26 of the Waterworks Law.

3. Provisions on drainage and water discharge operations

a) Sequence of drainage and water discharge operations; water levels and flow rates of the facility under normal conditions;

b) Sequence of drainage and water discharge operations; water levels and flow rates of the facility during floods, inundations, and waterlogging according to the principles specified in points a and d of Clause 2, Article 26 of the Waterworks Law.

4. Provisions on the sequence of facility operations in cases of flood prevention, tidal surge prevention, saltwater intake, saltwater exclusion, saltwater flushing, iron removal, sweet water retention, and water quality improvement.

5. Provisions on the sequence of facility operations when there is a risk of accidents or accidents occur, and in other cases.

6. Provisions on measurement station locations; monitoring regimes, and parameters related to facility operations; storage of meteorological and hydrological monitoring data.

7. Provisions on the responsibilities and authorities of organizations and individuals involved in implementing the operation procedures.

8. Provisions on the organization of implementation, modification, and supplementation of operation procedures.

Article 5. Content of the operation process for small water conservancy works

2. Regulations on operating drainage and flood control works according to design tasks under normal conditions; operating drainage and flood control works during floods, inundations, or waterlogging.

3. Regulations on operating works when there is a risk of accidents or accidents occur.

4. Regulations on responsibilities and authorities of organizations and individuals managing and exploiting the works in implementing the operation process.

5. Specific contents of the operation process at Model 03 Appendix I issued together with this Circular.

Article 6. Establishing the operation process for water conservancy works

1. For particularly important water conservancy works, large water conservancy works, and medium-sized water conservancy works

a) Proposing tasks for establishing the operation process for water conservancy works;

For new or upgraded water conservancy works, the project investor proposes tasks when preparing the project;

For water conservancy works currently in operation without established operation procedures or where existing procedures are no longer appropriate, the managing and operating organizations propose tasks to be included in the production and business plan;

c) Organizing the establishment of the operation process for water conservancy works;

d) Soliciting opinions from grassroots water conservancy organizations, organizations exploiting water conservancy works, and related agencies and organizations regarding the draft operation process for water conservancy works;

đ) Reviewing the operation process;

e) Submitting and approving the operation process.

2. For small water conservancy works, organizations and individuals directly exploiting the works establish the operation process in accordance with Article 5 and Model 03 Appendix I issued together with this Circular.

Article 7. Reviewing the operation process for particularly important water conservancy works, large water conservancy works, and medium-sized water conservancy works

1. Documents submitted for review of the operation process

Organizations and individuals requesting approval of the operation procedures for water conservancy works shall submit applications including one paper copy and one electronic copy directly or through postal service to the receiving authority as stipulated in Clause 3 of this Article. The application includes:

a) A proposal requesting approval of the operation process established according to Model 04 Appendix I of this Circular;

b) The draft operation process for water conservancy works according to Model 02 Appendix I of this Circular;

c) Technical calculation result explanation report;

d) Written comments from grassroots water conservancy organizations, organizations exploiting water conservancy works, and related agencies and units;

đ) Current status map of the water conservancy work.

2. Contents of appraisal

a) Checking the legal basis, necessity of establishing the operation process for water conservancy works, and the submitted review documents;

b) Examine and evaluate the reliability of the documents used in calculations and the results of the operational scenarios calculations;

c) Soliciting opinions from related organizations and agencies;

The General Department of Irrigation is responsible for soliciting opinions from the People's Committees of provinces and related units regarding the operation procedures for particularly important water conservancy works and works whose exploitation and protection involve two or more provinces;

The Departments of Agriculture and Rural Development are responsible for soliciting opinions from the People's Committees of districts and relevant agencies regarding draft operation procedures for water conservancy works within their jurisdiction, except for small-scale water conservancy works;

d) Commenting and evaluating the rationality and feasibility of the draft operation process.

3. Reviewing agency

a) The General Department of Water Resources receives documents and organizes the review of the operation process for particularly important water conservancy works and works where exploitation and protection involve two or more provinces;

b) The Department of Agriculture and Rural Development receives documents and organizes the review of the operation process for water conservancy works within its jurisdiction, except for cases specified in point a of this clause and small water conservancy works;

c) The specialized agency managing state administration over water conservancy at the district level is responsible for receiving documents and organizing the review of the operation process for works approved by the People's Committee of the district.

4. Procedure and formalities for review

a) Within three working days from the date of receipt of documents, the receiving agency examines and checks; if the documents are not valid, the receiving agency notifies the organization proposing approval of the operation process to complete them in accordance with regulations;

b) Within thirty working days from the date of receipt of valid documents, the receiving agency organizes the review and submits to the competent authority for examination and approval. If the conditions for approval are not met, the receiving agency notifies in writing and returns the documents to the organization proposing approval for supplementation and completion.

5. For newly constructed or upgraded water conservancy works, the Project Investor establishes the operation process according to the procedures and formalities stipulated in Article 6 and Clause 1, Clause 2, Clause 3, and Clause 4 of Article 7 of this Circular.

Article 8. The Appraisal Board for the Operation Procedures of Irrigation Works

1. For the operation procedures of particularly important irrigation works, large-scale irrigation works, or irrigation works where exploitation and protection involve two or more provinces, an Appraisal Board must be established. The Appraisal Board shall be decided by the approving authority.

2. The Appraisal Board shall be decided by the approving authority; the minimum number of members of the Appraisal Board is seven people, and the maximum is eleven people, depending on the nature of each work as determined by the approving authority, including the chairman, vice-chairman, secretary, reviewing member, and representatives from the appraisal agency, local specialized agencies, management organizations, operators, and experts.

3. The Board operates under a collective system, taking opinions based on majority principles, and dissolves after completing its tasks.

4. The Appraisal Board is responsible for advising the appraisal agency on matters related to the operation procedures.

Article 9. Authority to Approve Operation Procedures of Irrigation Works

1. The Ministry of Agriculture and Rural Development approves the operation procedures of particularly important irrigation works and works where exploitation and protection involve two or more provinces.

2. The People's Committee of the province approves the operation procedures of irrigation works or delegates the People's Committee of the district to approve the operation procedures of irrigation works within their jurisdiction, except for works specified in Clause 1 and small-scale irrigation works.

3. The decision to approve the operation procedures shall follow Model 01 of Appendix I issued together with this Circular.

Article 10. Adjustment of Operation Procedures of Works

1. When there is a change in water demand or water source, scale, or mission of the work, the operation procedures must be adjusted.

2. The contents, procedures, and formalities for adjusting the operation procedures of irrigation works shall be carried out according to the provisions of Articles 3, 4, 5, 6, 7, and 8 of this Circular.

Article 11. Publicizing the Operation Procedures

1. The approved operation procedures and accompanying appendices must be sent to relevant agencies immediately after signing the issuance decision.

2. Announce on the electronic portal or website of the approving agency, the appraisal agency, the main managing entity of the work, and organizations and individuals operating the work for particularly important irrigation works, large-scale irrigation works, and medium-sized irrigation works.

3. Publicize the operation procedures at the headquarters of the operating organization, the main work site, and the People's Committee of the commune related to the operation activities for small-scale irrigation works.

Article 12. Implementation of Operation Procedures

1. Organizations and individuals operating the work have the responsibility to operate the work strictly in accordance with the approved operation procedures.

2. The operation activities of the work must be recorded in the operation logbook by the organizations and individuals operating the irrigation work.

3. The organization operating the irrigation work must report the results of the operation to the main manager of the work no later than March 31 each year.

4. After five years of implementing the operation procedures, the organization operating the irrigation work must organize a review and evaluation of the implementation results and send them to the owner and main manager of the work. The Department of Agriculture and Rural Development reports the aggregated results of implementing the operation procedures in the province to the Water Resources General Department.

5. The report on the results of the operation follows Model 06, Model 07 of Appendix I issued together with this Circular.

Article 13. Funding for establishment and adjustment of operation procedures

1. The funding for establishing and adjusting the operation procedures for newly constructed or upgraded water conservancy works shall be taken from the total investment amount for constructing such water conservancy works.

2. The funding for establishing and adjusting the operation procedures for water conservancy works currently in operation shall be sourced from the financial management of the water conservancy works or other capital sources determined by the owner of the water conservancy works.

Article 14. Operation Procedures for Water Storage Reservoirs

The establishment, adjustment, approval, public announcement, and implementation of operation procedures for water storage reservoirs shall be carried out in accordance with the Government's regulations on dam and water storage reservoir safety management.

Chapter III

GRADATION OF WATER CONSERVANCY WORKS MANAGEMENT AND HANDOVER POINTS FOR WATER CONSERVANCY PRODUCTS AND SERVICES

1. The Ministry of Agriculture and Rural Development manages particularly important water conservancy works.

The Minister of Agriculture and Rural Development decides to adjust and supplement the list of works delegated to the People's Committees of provinces for management based on the effectiveness of local work management.

3. The People's Committees of provinces manage or delegate the management of water conservancy works within their jurisdiction to the People's Committees of districts based on specific local conditions, except in cases stipulated in Clauses 1, 2, and 4 of this Article.

4. Water conservancy works self-invested and constructed by organizations or individuals shall be managed by those organizations or individuals.

5. For key water conservancy works related to dike and embankment management, the gradation of management must comply with laws on dike and embankment management and related laws.

Article 16. Location of Handover Points for Water Conservancy Products and Services

1. The handover points for water conservancy products and services between organizations operating water conservancy works managed by the Ministry and those managed by localities are determined according to the decision on gradation made by the Minister of Agriculture and Rural Development.

2. The handover points for water conservancy products and services between organizations or individuals operating water conservancy works and grassroots water conservancy organizations are determined according to the scale of intra-field water conservancy works as stipulated in Clause 3 of this Article.

3. The scale of intra-field water conservancy works is defined according to the designed irrigation and drainage area of each region as follows:

a) Mountainous areas: Less than or equal to 50 hectares;

Determining mountainous communes and districts is based on the Decision of

b) Red River Delta: Less than or equal to 250 hectares;

c) Midland, coastal Central Vietnam, Central Highlands, Southeast Region: Less than or equal to 200 hectares;

d) Mekong Delta: Less than or equal to 400 hectares.

In cases where grassroots water conservancy organizations meet the capacity requirements, the expansion of the scale of intra-field water conservancy works is decided by the People's Committee of the province.

4. In cases where specific locations cannot be determined, organizations or individuals providing and using water conservancy products and services shall negotiate the handover points for water conservancy products and services themselves.

1\. For water conservancy projects managed by the Ministry of Agriculture and Rural Development, the General Department of Water Resources shall take the lead and coordinate with relevant organizations and individuals to determine the locations for the handover of water conservancy products and services, and submit to the Ministry of Agriculture and Rural Development for decision.

2\. For water conservancy projects delegated by the Ministry of Agriculture and Rural Development to provincial People's Committees for management, or projects managed by provincial People's Committees or delegated to county-level People's Committees for management, the Department of Agriculture and Rural Development shall take the lead and coordinate with enterprises operating the water conservancy projects and relevant organizations and individuals to determine the scale of field water conservancy,分级管理水利工程的范围，以及交接产品、服务的地点，并提交省级人民政府决定。

Chapter IV

 ESTABLISHING BOUNDARY MARKERS FOR THE PROTECTION ZONE OF WATER CONSERVANCY PROJECTS

Article 18. Requirements for establishing boundary markers

1\. The establishment of boundary markers must be based on the protection zone range, the current status of the project, and management requirements.

2\. In cases where it is not possible to establish boundary markers according to regulations, reference markers shall be used as substitutes.

Article 19. Cases requiring the establishment of boundary markers

1\. Dams of reservoirs with a capacity of 500,000 cubic meters or more, or dams with a height of 10 meters or more.

2\. The reservoir basin of reservoirs with a capacity of 500,000 cubic meters or more.

4\. Weirs with a total discharge width of 10 meters or more in the Mekong Delta region, and 5 meters or more in other regions.

Article 20. Regulations on boundary markers and distances between markers

1\. Regulations on boundary markers

a\. Boundary markers consist of the marker body and base: The marker body is made of reinforced concrete grade 200, prefabricated, with a cross-section of 15x15 cm. The base is poured on-site using concrete grade 200, with a cross-section of 40x40 cm, the top surface of the base being level with the natural ground surface, and the depth ranging from 30-50 cm depending on the terrain of the marker installation area and management requirements;

b\. The marker body protrudes 50 cm above the natural ground surface. The uppermost part, 10 cm from the top of the column downwards, is painted red, while the rest is painted white. On the marker body, there is a symbol CTTL and a detailed number CTTL.01..., with the numbers written in uniform capital letters, engraved and filled with red paint;

c\. New reference markers have the same size and form as the required boundary markers, marked with MTC and a detailed number MTC.01...

2\. Distances between boundary markers for the protection zones of dams and reservoir basins

a\. For dams specified in Clause 1 of Article 19 of this Circular, the distance between two adjacent markers is 100 meters; if the dam is near urban areas or concentrated residential areas, the distance is 50 meters;

3\. For canals specified in Clause 3 of Article 19 of this Circular, based on the terrain of the marker installation area and management requirements, the distance between two adjacent markers ranges from 200 meters to 300 meters; if the canal is located in urban areas or concentrated residential areas, the distance between two adjacent markers ranges from 100 meters to 150 meters. At turning points of the boundary line, there must be a marker.

4\. For weirs specified in Clause 4 of Article 19 of this Circular, based on the terrain of the marker installation area and management requirements, the distance between two adjacent markers ranges from 20 meters to 50 meters. At corners of the boundary line, there must be a marker.

5\. The distance between boundary markers for the protection zones of other water conservancy projects is specifically decided by the provincial People's Committee.

The investor, organization, or individual operating waterworks as stipulated in Clause 1 and Clause 2, Article 43 of the Water Law shall submit documents including one paper copy and one electronic copy directly or via postal service to the agency receiving documents as prescribed in Clause 2, Article 22 of this Circular. The documents include:

1. A request for approval of the boundary marker plan.

2. A copy of the decision assigning the investor's implementation tasks for new construction projects, or the decision assigning organizations or individuals to operate waterworks, or the waterworks operation contract.

3. The decision approving the technical design or construction drawing design of the waterworks, or related decisions with design criteria for the project.

4. Explanation of the documents for the boundary marker plan, including the following contents:

a) Basis for preparing the documents for the boundary marker plan;

b) Evaluation of the current status of the area where the boundary markers will be set;

c) Number of boundary markers needed to be set; positioning plan for the boundary markers; distance between boundary markers; reference markers (if any);

d) Plan for mobilizing manpower, materials, and funds for construction and land clearance;

e) Implementation organization.

5. Drawing of the boundary marker plan showing the protected area of the project, positions and coordinates of the boundary markers, and reference markers (if any) on the current map of the waterworks.

1. The investor, organization, or individual operating waterworks shall prepare a boundary marker plan for the protected area of the waterworks and submit it to the provincial People's Committee for approval.

2. The Department of Agriculture and Rural Development shall receive and review the documents for the boundary marker plan.

3. Time limit for review and approval

a) Within three working days from the date of receipt of the documents, the Department of Agriculture and Rural Development shall examine and check the documents; if the documents are not valid, they must notify the organization or individual preparing the documents to complete the documents according to regulations;

b) Within thirty working days from the date of receipt of valid documents, the Department of Agriculture and Rural Development shall be responsible for reviewing the documents, soliciting opinions from relevant agencies and units. If conditions are met, the Department of Agriculture and Rural Development shall submit the boundary marker plan for the protected area of the waterworks to the provincial People's Committee for approval; if conditions are not met, they shall notify the reasons to the organization or individual.

Article 23. Adjustment of the boundary marker plan

1. The adjustment of the boundary marker plan shall be carried out when the protected area of the waterworks changes.

2. The procedures and formalities for adjusting the boundary marker plan shall comply with the provisions of Article 21 and Article 22 of this Circular.

Article 24. Responsibilities for setting and protecting boundary markers

1. The investor, organization, or individual operating waterworks shall be responsible for organizing and coordinating with the district People's Committee and commune People's Committee where the project is located to publicly announce the boundary marker plan, organize the setting of boundary markers on-site, and hand over the boundary markers to the commune People's Committee where the project is located for joint management and protection.

2. Organizations or individuals operating waterworks shall be directly responsible for managing and protecting boundary markers and storing the documents for setting boundary markers; annually organizing inspections, maintenance, and restoration of lost or deviated markers compared to the approved boundary marker plan. Maintenance and restoration costs shall be sourced from the financial management and operation of the waterworks.

3. The use of land within the protected area of the waterworks shall be implemented in accordance with the laws on land management.

Chapter V

MANAGEMENT AND OPERATION OF SMALL WATERWORKS AND INLAND WATERWORKS

Article 25. Management and operation of small water conservancy works and field-level water conservancy works

1. Small water conservancy works and field-level water conservancy works shall be directly managed and operated by grassroots water conservancy organizations or selected organizations or individuals to manage and operate.

2. The type of grassroots water conservancy organization and the method of managing and operating small water conservancy works and field-level water conservancy works shall be decided by the grassroots water conservancy organization when approved by at least 75% of the members of the organization.

3. Grassroots water conservancy organizations shall be established and operate in accordance with laws on cooperatives, civil laws, and operational regulations or service activity charters for water conservancy services that have been approved by more than 50% of the members of the grassroots water conservancy organization and confirmed by the People's Committee of the commune. All users of water conservancy products and services are members of the grassroots water conservancy organization.

4. Grassroots water conservancy organizations shall be supported technically and professionally by specialized agencies on water conservancy and enterprises operating water conservancy works in the locality.

5. For water conservancy works serving water supply, irrigation, drainage, and flood control for two communes or more, grassroots water conservancy organizations shall be established in the form of cooperatives or associations of grassroots water conservancy organizations.

Article 26. Management structure and specialized units of grassroots water conservancy organizations

1. The management structure shall be elected democratically at member congresses or congresses of water conservancy product and service users. Depending on the scale and type of organization chosen, a suitable management structure shall be determined to ensure efficiency and simplicity, specifically as follows:

a) Cooperatives include: Board of Directors, General Director, and Supervisory Board or Supervisor;

b) Cooperative groups: Represented by the group leader. In cases where cooperative groups have 30 members or more, a management board shall be established. The number of members of the management board shall be determined by the cooperative group.

2. Specialized units shall be defined as follows:

a) For grassroots water conservancy organizations with inter-village or inter-commune scales: Establish an economic team and a technical team;

b) For grassroots water conservancy organizations with village-scale: Establish a comprehensive team responsible for both economic and technical matters;

c) For grassroots water conservancy organizations that are agricultural service cooperatives providing water conservancy services: Establish a water agriculture team or squad.

Article 27. Methods of managing and operating small water conservancy works and field-level water conservancy works

1. Grassroots water conservancy organizations shall directly manage and operate.

2. In cases where grassroots water conservancy organizations do not directly manage and operate, they shall select organizations or individuals to manage and operate through delegation or bidding. Selected organizations or individuals must meet the requirements regarding capacity as stipulated in Decree No. 67/2018/NĐ-CP dated May 14, 2018 of the Government detailing certain provisions of the Water Conservancy Law.

3. In cases of leasing management and operation, the term of the management and operation contract shall not exceed five years.

Article 28. Activities of grassroots water conservancy organizations

1. Develop and implement plans for water supply, irrigation, drainage, and flood control, maintenance of water conservancy works, including:

a) Developing and implementing plans for water supply, irrigation, drainage, and flood control, maintenance of water conservancy works must involve participation from water conservancy product and service users. Plans are implemented seasonally, annually, and in accordance with contracts with organizations providing water conservancy products and services;

b) Participate in developing plans for water supply, irrigation, drainage, and flood control of organizations providing water conservancy products and services;

c) Announce schedules for water supply, irrigation, drainage, and flood control to water conservancy product and service users;

d) Monitor the effectiveness of operations and evaluate the quality and results of services after each season or crop.

2. Develop and implement plans to protect small water conservancy works and field-level water conservancy works.

3. Develop and implement production plans and other service provision plans. Encourage grassroots water conservancy organizations to participate in providing water conservancy services in production chains for high-value crops.

Article 29. Assets and finances of basic water conservancy organizations

1. Assets

a) Water conservancy works invested by the State and transferred to basic water conservancy organizations for management and exploitation;

b) Assets from various sources contributed by collectives, individuals, supported by the State, or sponsored by other organizations;

c) Basic water conservancy organizations shall be responsible for managing, preserving, and enhancing the effectiveness of the assets entrusted to them.

2. Finance

a) Operating funds of basic water conservancy organizations include contributions from organizations and individuals using water conservancy products and services; State support; investments from other organizations and individuals;

b) Members of basic water conservancy organizations shall agree on contribution levels to ensure payment for water conservancy products and services according to regulations, manage operations, maintenance, minor repairs of small-scale water conservancy works, and field irrigation systems based on majority principles, accurate and full accounting, and transparency;

c) Annually, basic water conservancy organizations shall prepare financial plans, balance revenues and expenditures, and publicly disclose all sources of income and expenditure items;

d) For operating funds supported by the State for the use of water conservancy public goods products and services, maintenance funds shall be implemented according to the prescribed pricing schedule for water conservancy products and services;

e) For contribution funds and other sources of income, the ratio and structure of expenditure items shall be stipulated by basic water conservancy organizations in their charter or regulations;

Article 30. Establishment and Strengthening of Basic Water Conservancy Organizations

a) In areas without existing organizations managing and exploiting small-scale water conservancy works and field irrigation systems, basic water conservancy organizations must be established;

b) Water management boards and village water management boards currently operating with the form of village cadres concurrently serving shall be converted to cooperatives or production groups;

c) Cooperatives and production groups providing water services that are currently operational must strengthen their organizational structures and specialized departments according to Article 26 and implement the provisions set out in Articles 25, 27, 28, and 29 of this Circular;

Article 31. Association of Basic Water Conservancy Organizations

1. Formation of Associations of Basic Water Conservancy Organizations

a) Basic water conservancy organizations in the same area (multiple villages, multiple communes) related to each other regarding water sources, having sufficient capacity, and willing to cooperate may establish associations of basic water conservancy organizations to take over the management and exploitation of water conveyance and distribution systems connected to field irrigation systems; encouraged in regions facing difficulties with water sources, often experiencing water shortages at the end of water conveyance and distribution systems;

a) Management structure of cooperative associations: Implemented according to Article 29 of the Law on Cooperatives;

b) Management structure of associations of production groups or associations of basic water conservancy organizations where members are production groups and cooperatives: Establish a Management Board;

c) Specialized departments include: One accountant, one treasurer, and a technical team.

3. Activities of Associations of Basic Water Conservancy Organizations

a) Develop and implement plans for water supply, irrigation, drainage, and flood control, and maintain water conservancy works managed by associations of basic water conservancy organizations to ensure fair and reasonable water distribution among member organizations;

b) Participate in developing plans for water supply, irrigation, drainage, and flood control of provincial-level water exploitation organizations and member basic water conservancy organizations;

c) Develop and implement plans to protect water conservancy works managed by associations of basic water conservancy organizations.

4. Process for Transferring Management of Inter-commune Water Conveyance and Distribution Systems Linked to Field Irrigation Systems to Associations of Basic Water Conservancy Organizations

a) Basic water conservancy organizations in the irrigation area submit written proposals to accept, sending to the main water exploitation organization;

b) The main water exploitation organization and the association of basic water conservancy organizations meet to unify transfer plans, negotiate the proportion of shared funding for water conservancy product and service usage fees based on transferred management tasks, scale of irrigated and drained areas, and current conditions of the works;

c) The main water exploitation organization coordinates with relevant agencies to organize the transfer of works to the management of associations of basic water conservancy organizations.

Chapter VI

IMPLEMENTATION

Article 32. Transitional Provisions

1. Water conservancy works currently in operation that have not yet had operating procedures must have such procedures approved by the competent authority, at the latest within three years from the date this Circular takes effect, except for small water conservancy works.

2. For reservoirs currently in operation that have not yet had operating procedures, the deadline for having such procedures approved by the competent authority shall be in accordance with the Government's regulations on dam and reservoir safety management.

Article 33. Effective Date

1. This Circular takes effect from July 1, 2018, replacing Circular No. 65/2009/TT-BNNPTNT dated October 12, 2009, issued by the Minister of Agriculture and Rural Development guiding the organization of activities and management levels of water conservancy works; and Circular No. 75/2004/TT-BNN dated December 20, 2004, issued by the Ministry of Agriculture and Rural Development guiding the establishment, consolidation, and development of water user organizations.

2. During implementation, if there are any difficulties, organizations and individuals should report them in writing to the Ministry of Agriculture and Rural Development for timely research and resolution./.