Law on Water Resources No. 08/1998/QH10

LAW

Water Resources

Water is a particularly important resource, an essential component of life and the environment, determining the existence and sustainable development of the country; on the other hand, water can also cause disasters to people and the environment.

To enhance the effectiveness of state management, raise the responsibility of state agencies, economic organizations, political organizations, political-social organizations, social organizations, people's armed forces units, and every individual in protecting, exploiting, and using water resources; preventing, combating, and mitigating the consequences caused by water.

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

This Law stipulates the management, protection, exploitation, and use of water resources; prevention, combat, and mitigation of the consequences caused by water.

PART I
GENERAL PROVISIONS

Article 1. Ownership of Water Resources

1. Water resources belong to the entire people and are uniformly managed by the State.

2. Organizations and individuals have the right to exploit and use water resources for living and production purposes, while they must fulfill the responsibility to protect water resources, prevent, combat, and mitigate the consequences caused by water according to the law. The State protects the legitimate rights and interests of organizations and individuals in the exploitation and use of water resources.

Article 2. Scope of Application

1. Water resources regulated by this Law include surface water, rainwater, groundwater, and sea water within the territory of the Socialist Republic of Vietnam. Sea water and groundwater in the exclusive economic zone and continental shelf are regulated by other legal documents. Mineral water and natural hot water are regulated by the Law on Minerals.

2. This Law applies to the management, protection, exploitation, and use of water resources; prevention, combat, and mitigation of the consequences caused by water.

Article 3. Definitions

In this Law, the following terms shall be understood as follows:

1. "Water source" refers to natural or artificial accumulations of water that can be exploited and utilized, including rivers, streams, canals, creeks; seas, lakes, lagoons, ponds; underground aquifers; rain, ice, snow, and other forms of water accumulation.

2. "Surface water" is water existing on land or islands.

3. "Groundwater" is water existing in underground aquifers.

4. "Domestic water" is water used for drinking and sanitation.

"Clean water" is water meeting the standards for clean water quality set by the Vietnamese Standards.

5. "Domestic water source" is a source capable of supplying domestic water or water that can be economically treated to become clean water.

6. "International water source" is a water source from the territory of Vietnam flowing into the territory of other countries, from the territory of other countries flowing into the territory of Vietnam, or located on the border between Vietnam and neighboring countries.

7. "Development of water resources" is a measure aimed at enhancing the capacity to exploit and sustainably use water resources and increase the value of water resources.

8. "Protection of water resources" is a measure to prevent and combat degradation and depletion of water sources, ensure water safety, and protect the potential for developing water resources.

9. "Exploitation of water sources" is an activity aimed at deriving benefits from water sources.

10. "Comprehensive utilization of water sources" is the rational use and development of the potential of a water source and minimizing the harm caused by water to serve multiple purposes.

11. "Sanitary protection zone of water intake area" is the adjacent area around the water intake area from water sources that must be protected to prevent and combat pollution of domestic water.

12. "Water pollution" is a change in the physical, chemical, and biological composition of water exceeding permissible standards.

13. "Water resource permit" includes permits for groundwater exploration; permits for the exploitation and use of water resources; permits for discharging wastewater into water sources; and permits for activities requiring permission within the scope of protecting hydraulic works.

14. "Degradation and depletion of water sources" is a reduction in the quality and quantity of water sources.

15. "River basin" is a geographical area where surface water and groundwater naturally flow into a river.

16. "River basin planning" is planning for the protection, exploitation, and use of water sources, development of water resources, prevention, combat, and mitigation of the consequences caused by water in a river basin.

17. "Hydraulic works" are works to exploit the benefits of water; prevent and combat the harm caused by water, protect the environment, and balance the ecosystem.

18. "Flood diversion and flood retardation" is the proactive transfer of part of the flood flow in a different direction, temporarily storing water in a certain area to reduce flood levels.

19. "Area with difficult socio-economic conditions" is an area inhabited by ethnic minorities, mountainous regions, areas with underdeveloped infrastructure, and areas with unfavorable natural conditions.

20. "Area with extremely difficult socio-economic conditions" is an area inhabited by ethnic minorities in highland regions, islands, areas with weak infrastructure, and areas with very unfavorable natural conditions.

Article 4. Management of Water Resources

1. The State has policies for managing, protecting, exploiting, and using water resources reasonably, thriftily, and effectively; preventing, combating, and mitigating the consequences caused by water to ensure water for daily life of the people, for various economic sectors, ensuring national defense and security, protecting the environment, and serving the sustainable development of the country.

2. The Government uniformly manages the State's affairs concerning water resources and all activities related to the protection, exploitation, and use of water resources, prevention, combat, and mitigation of the consequences caused by water throughout the country.

3. People's Councils and People's Committees at all levels, within their respective tasks and powers, implement measures for the management, protection, exploitation, and use of water resources; prevention, combat, and mitigation of the consequences caused by water; supervise and inspect the implementation of laws on water resources in their localities.

4. The Vietnam Fatherland Front and its member organizations, within their respective tasks and powers, are responsible for propagandizing, mobilizing the people to comply with and supervise the implementation of laws on water resources.

5. State agencies, economic organizations, political organizations, political-social organizations, social organizations, people's armed forces units, and every individual have the responsibility to enforce laws on water resources.

Article 5. Protection, Exploitation, and Use of Water Resources; Prevention, Combat, and Mitigation of Consequences Caused by Water

1. The protection, exploitation, and utilization of water resources, prevention, and mitigation of adverse effects caused by water must comply with the river basin planning approved by competent state authorities; ensuring the integrity of the river basin, not dividing it according to administrative boundaries.

2. The protection of water resources, prevention, and mitigation of water degradation and depletion must be linked to forest conservation and development, and the ability to regenerate water sources; construction and maintenance of irrigation works; prevention and control of water pollution; implementation of comprehensive, economical, safe, and effective water resource exploitation and utilization.

3. In the prevention, mitigation, and remediation of adverse effects caused by water, there must be proactive plans and measures to prevent, avoid, reduce, and limit such effects; ensuring a harmonious balance between national interests and those of regions and sectors; between modern science and technology and traditional people's experience, and being consistent with the economic capacity.

4. Projects for the protection, exploitation, and utilization of water resources, prevention, and mitigation of adverse effects caused by water must contribute to economic and social development and include measures to ensure the livelihoods of residents, national defense, security; protection of historical, cultural relics, scenic spots, and the environment.

Article 6. Water Resource Development Investment Policy

1. The State invests in basic surveys of water resources, construction of monitoring systems, information data systems, and enhancing the ability to forecast floods, droughts, saltwater intrusion, rising sea levels, overflows, and other adverse effects caused by water.

2. The State prioritizes investment plans to address drinking water supply for residents in areas particularly lacking water; investment and support for infrastructure development related to water resources.

3. The State has preferential policies for domestic organizations and individuals, and foreign organizations and individuals investing capital in water resource development; researching and applying advanced science and technology to develop water resources and protect their legitimate rights.

Article 7. Financial Policies on Water Resources

1. Organizations and individuals exploiting and utilizing water resources have financial obligations and must contribute labor and funds for the construction of works for the protection, exploitation, and utilization of water resources, prevention, and mitigation of adverse effects caused by water.

2. The State implements tax exemption and reduction policies for water resources fees in areas with difficult socio-economic conditions and extremely difficult socio-economic conditions.

Article 8. International Relations on Water Resources

The State encourages expanding international relations and cooperation in basic surveys, protection, exploitation, and utilization of water resources; prevention, mitigation, and remediation of adverse effects caused by water, aiming to develop water resources based on the principles of protecting sovereignty, territorial integrity, mutual benefits, and compliance with international treaties to which the Socialist Republic of Vietnam is a party.

Article 9. Prohibited acts

All acts that severely degrade or deplete water sources, illegally obstruct water flow, destroy works for the protection, exploitation, and utilization of water resources, prevention, and mitigation of adverse effects caused by water, and hinder the lawful exploitation and utilization of water resources by any organization or individual are strictly prohibited.

PART II
WATER RESOURCE PROTECTION

Article 10. Responsibility for Protecting Water Resources

1. State agencies, economic organizations, political organizations, political-social organizations, social organizations, and people's armed forces units, and every individual have the responsibility to protect water resources.

2. Local authorities at all levels have the responsibility to protect water resources in their respective localities.

3. Organizations and individuals have the responsibility to regularly protect water sources they directly exploit and utilize.

4. Individuals who discover actions or phenomena causing damage or threatening the safety of water sources have the responsibility to stop them, mitigate them, or immediately report to the nearest local authority, agency, or organization for timely handling.

Article 11. Prevention and Control of Water Degradation and Depletion

1. The State has plans to protect and develop upstream protective forests and other types of forests, construct irrigation works, restore degraded and depleted water sources; encourage organizations and individuals to exploit and utilize water reasonably and economically to protect water resources.

2. Organizations and individuals exploiting and utilizing water sources must comply with regulations on preventing water degradation and depletion.

Article 12. Protection of Groundwater

1. Organizations and individuals conducting geological exploration drilling, groundwater exploration drilling, and foundation treatment of structures must implement measures to protect groundwater resources in accordance with the law.

2. Organizations and individuals exploiting groundwater must comply with technical safety procedures and subsidence prevention regulations; regulations on protecting aquifers and related environments; post-extraction filling and leveling.

3. Organizations and individuals engaged in mining, underground construction projects, and groundwater extraction construction must comply with technical safety procedures, regulations on preventing groundwater degradation and depletion, and causing severe ground subsidence.

Article 13. Protection of Water Quality

1. In national and local socio-economic development plans, there must be plans to prevent and control water pollution and restore polluted water quality.

2. The planning and management of industrial zones, tourist areas, concentrated residential areas, hospitals, large-scale livestock breeding and slaughter areas, waste storage sites, radioactive waste burial areas, garbage disposal sites, and cemeteries must comply with this Law and environmental protection laws, ensuring they do not cause water pollution.

3. It is strictly prohibited to discharge harmful waste, untreated wastewater, or wastewater treated but not meeting legal standards for environmental protection into water sources.

Article 14. Protection of Drinking Water Source Quality

1. Organizations and individuals have the responsibility to implement environmental sanitation measures to protect drinking water sources.

2. Discharging wastewater and introducing pollutants into the sanitary protection zone of drinking water collection areas is forbidden.

People's Committees at all levels shall define the sanitary protection zones of drinking water collection areas within their respective jurisdictions.

Article 15. Protecting water quality in agricultural production, aquaculture, mariculture, industrial production, and mining

1. Organizations and individuals using chemicals in agricultural production; aquaculture must not cause water pollution.

2. Industrial production facilities and mining operations must not discharge untreated or inadequately treated exhaust gases or wastewater into the air or water sources, leading to water pollution.

Article 16. Protecting water quality in other activities

Organizations and individuals exploiting and utilizing water resources for purposes such as inland waterway transportation, sports, entertainment, tourism, healthcare, convalescence, scientific research, and other purposes must not cause water pollution; if violated, they shall be subject to handling according to this Law and environmental protection laws.

Article 17. Protecting water sources in urban areas and concentrated residential zones

1. People's Committees at all levels shall plan and organize the implementation of wastewater treatment in urban areas and concentrated residential zones within their jurisdiction, ensuring compliance with permissible standards before discharging into water sources.

2. Strictly prohibit illegal acts that fill up riverbeds or illegally fill public ponds and lakes.

Article 18. Discharging wastewater into water sources

1. Organizations and individuals using water in production, business, and other activities who discharge wastewater into water sources must obtain permission from competent state agencies.

2. Issuing permits for discharging wastewater into water sources must be based on the capacity of the water source to accept wastewater, ensuring no water pollution and the protection of water resources.

The Government shall specify the detailed procedures for issuing permits to discharge wastewater into water sources.

Article 19. Rights and obligations of organizations and individuals permitted to discharge wastewater

1. Organizations and individuals permitted to discharge wastewater into water sources have the following rights:

a) To be compensated for losses in accordance with the provisions of the law when the competent authority issuing the wastewater discharge permit changes the location or shortens the permitted discharge period;

b) To lodge complaints or initiate lawsuits against violations of their right to discharge wastewater and other legitimate interests in accordance with the law.

2. Organizations and individuals permitted to discharge wastewater into water sources have the following obligations:

a) To treat wastewater to meet permissible standards before discharging it into water sources; if they violate regulations on discharging wastewater causing damage, they must compensate for the loss;

b) To pay licensing fees and wastewater discharge fees in accordance with the law.

CHAPTER III
EXPLOITATION AND USE OF WATER RESOURCES

Article 20. Regulating and distributing water resources

1. The regulation and distribution of water resources for various uses must be based on river basin plans, the actual potential of water resources, ensuring principles of fairness and rationality, and prioritizing quantity and quality for domestic water supply.

2. In cases of water shortage, the regulation and distribution must prioritize domestic use; other uses shall be regulated and distributed according to the ratios specified in the river basin plans and ensure principles of fairness and rationality.

The Government shall specify the detailed procedures for regulating and distributing water resources.

Article 21. Transferring water from one river basin to another

1. The construction of projects to transfer water from one river basin to another must be based on the national strategy for water resources, relevant river basin plans, economic and social development plans of localities within the relevant river basins, and must fully consider the capabilities of water sources, water demand, and environmental impacts.

2. The authority to approve projects to transfer water from one river basin to another shall be carried out in accordance with Article 59 of this Law; in cases involving international water sources, project approval must also comply with the provisions of Article 53 of this Law.

Article 22. Rights of organizations and individuals exploiting and utilizing water resources

Organizations and individuals exploiting and utilizing water resources have the following rights:

1. The right to exploit and utilize water resources for purposes such as domestic use, agricultural production, forestry, industry, mining, power generation, inland waterway transport, aquaculture, salt production, sports, entertainment, tourism, healthcare, convalescence, scientific research, and other purposes as stipulated by this Law and other legal provisions;

2. To benefit from the exploitation and utilization of water resources; to transfer, lease, inherit, mortgage assets invested in the exploitation and utilization of water resources, and the development of water resources in accordance with this Law and other legal provisions;

3. To be compensated for losses in cases where water resource exploitation and utilization permits are revoked prematurely due to reasons of national defense, security, or national interest, public interest as stipulated by this Law and other legal provisions;

4. To lodge complaints or initiate lawsuits with competent state authorities regarding violations of rights to exploit and utilize water resources and other legitimate interests;

5. To have the State protect their lawful rights in the exploitation and utilization of water resources.

Article 23. Obligations of organizations and individuals exploiting and utilizing water resources

1. Organizations and individuals exploiting and utilizing water resources have the following obligations:

a) To fully comply with legal provisions on water resources;

b) To use water for its intended purpose, efficiently, safely, and effectively;

c) To provide information for inventory and assessment of water resources when requested;

d) Not to obstruct or cause damage to the lawful exploitation and utilization of water resources by other organizations and individuals;

đ) To protect water resources being exploited and utilized;

e) To fulfill financial obligations; to compensate for damages caused by themselves in the exploitation and utilization of water resources in accordance with the law.

2. Organizations and individuals exploiting and utilizing water resources in cases requiring a permit from a competent state agency, in addition to complying with the provisions of Clause 1 of this Article, must also comply with the provisions stated in the permit.

Article 24. Issuing permits for the exploitation and utilization of water resources

1. Organizations and individuals exploiting and utilizing water resources must obtain permission from a competent state agency, except in cases provided for in Clause 2 of this Article.

2. Cases not requiring a permit:

a) Exploiting and using surface water and groundwater on a small scale within the household for daily living purposes;

b) Exploiting and using surface water and groundwater on a small scale within the household for agricultural production, forestry, aquaculture, small-scale industrial production, hydropower, and other purposes;

c) Exploiting and using seawater on a small scale within the household for salt production and marine farming;

d) Exploiting and using rainwater, surface water, and seawater on land that has been allocated or leased according to the laws on land and this Law and other relevant laws;

đ) Other cases prescribed by the Government;

The Government shall prescribe the issuance of permits and the exploitation and use of water resources on a small scale within households as provided in this Article;

Article 25. Exploitation and use of water resources for daily living;

1. The State prioritizes the exploitation and use of water resources for daily living purposes through the following measures:

a) Investing in and supporting projects for supplying daily living water and clean water, prioritizing areas with severe water scarcity, economically disadvantaged areas, extremely economically disadvantaged areas, and areas with heavily polluted water sources;

b) Encouraging domestic organizations and individuals, as well as foreign organizations and individuals, to invest in exploiting daily living water;

2. People's Committees at all levels and competent state agencies have the responsibility to develop and implement plans and projects for supplying daily living water and clean water, and to take emergency measures to ensure daily living water in case of natural disasters or accidents causing water shortages;

3. Organizations and individuals supplied with daily living water and clean water must participate in contributing labor and financial resources for the exploitation and treatment of daily living water and clean water according to the regulations of competent authorities;

Article 26. Exploitation and use of water resources for agricultural production;

1. The State invests in and supports the exploitation and use of water resources for agricultural production;

2. Organizations and individuals exploiting and using water resources for agricultural production must take measures to conserve water, prevent and control salinity intrusion, soil erosion, and not cause water pollution;

3. Organizations and individuals may only exploit and use wastewater when it meets the water quality standards set by competent state agencies for agricultural production;

Article 27. Exploitation and use of water resources for salt production and aquaculture;

1. The State encourages investment in exploiting and using seawater for salt production. Organizations and individuals using seawater for salt production must not cause salinity intrusion or adversely affect agricultural production and the environment;

2. Organizations and individuals may only use wastewater when it meets the water quality standards set by competent state agencies for aquaculture. The exploitation and use of water resources for aquaculture must not lead to the degradation or depletion of water resources, obstruct water flow, damage irrigation works, hinder inland waterway traffic, or cause salinity intrusion in water sources and agricultural land;

Article 28. Exploitation and use of water resources for industrial production and mining;

1. Organizations and individuals exploiting and using water resources for industrial production must conserve water, be encouraged to use recycled water, and must not cause water pollution;

2. Organizations and individuals exploiting and using water resources for mining must treat and return water to the source according to the planning after use;

Article 29. Exploitation and use of water resources for hydropower;

1. The State encourages the exploitation and use of water resources for hydropower;

2. Construction of hydropower facilities must comply with river basin planning and environmental protection regulations;

3. Organizations and individuals exploiting and using water resources for hydropower must follow the water regulation operation procedures approved by competent state agencies, ensuring comprehensive water resource utilization, except for small-scale exploitation and use of water resources for hydropower within households;

Article 30. Exploitation and use of water resources for inland waterway transportation;

1. The State encourages the exploitation and use of water resources to develop inland waterway transportation;

2. Inland waterway transportation activities must not cause water pollution, obstruct water flow, damage the bed and banks of water bodies and structures on water bodies; if damage occurs, compensation must be made according to the law;

3. Construction of waterway transportation infrastructure and waterway transportation route planning must comply with river basin planning and coastal development planning;

4. Construction and management of other related facilities must ensure safety and normal operation for waterway transportation vessels and not negatively impact the environment;

Article 31. Exploitation and use of water resources for other purposes;

Organizations and individuals exploiting and using water resources for scientific research, healthcare, health care, sports, entertainment, tourism, floating houses, and other purposes must use water reasonably and conservatively; they must not cause the degradation or depletion of water resources, obstruct water flow, cause salinity intrusion, or other negative impacts on water resources;

Article 32. Artificial Rainmaking;

Artificial rainmaking must be based on the water needs of water-scarce regions and permissible conditions to decide on reasonable methods and scales, and must obtain permission from competent state agencies;

Article 33. Right to convey water flow;

Organizations and individuals legally exploiting and using water resources and discharging wastewater into water bodies have the right to convey water flow through land or adjacent immovable property under the management and use of other organizations and individuals according to this Law and the Civil Code;

Article 34. Exploration and exploitation of underground water;

1. Organizations and individuals exploring and exploiting underground water must obtain permission from competent state agencies, except for cases stipulated in points a and b, Clause 2, Article 24 of this Law;

2. Issuance of underground water exploitation permits must be based on basic investigation results, underground water exploration results, and underground water potential and reserves.

3. Organizations and individuals conducting drilling for investigation, geological survey, exploration, and construction of underground water extraction projects must have a practice permit.

Article 35. Supplementing, changing the purpose and scale of water resource exploitation and utilization

Organizations and individuals permitted to exploit and utilize water resources when supplementing or changing the purpose and scale of exploitation and utilization must obtain permission from competent state agencies; if causing damage, they must compensate according to the provisions of the law.

PART IV
PREVENTION, CONTROL, AND REMEDY OF FLOOD DAMAGE AND OTHER HARM CAUSED BY WATER
AND OTHER HARM CAUSED BY WATER

Article 36. Responsibilities and obligations for prevention, control, and remedy of flood damage and other harm caused by water

1. State agencies, economic organizations, political organizations, political-social organizations, social organizations, people's armed forces units, and every individual have the obligation to participate in preventing, controlling, and remedying flood damage and other harm caused by water.

2. The Government decides and directs ministries, sectors, and People's Committees at all levels to implement measures for preventing, controlling, and remedying flood damage and other harm caused by water.

3. Ministries, sectors, and People's Committees at all levels within their respective duties and authorities decide and organize the implementation of measures for preventing, controlling, and remedying flood damage and other harm caused by water.

Article 37. Establishing standards and plans for flood prevention and control

1. State management agencies responsible for water resources shall establish flood prevention and control standards for each region of river basins as a basis for planning, constructing works, and formulating flood prevention and control plans for river basins.

2. Ministries, sectors, and People's Committees at all levels shall develop flood prevention and control plans for their respective sectors and localities based on the flood prevention and control standards for each region of river basins and the flood prevention and control plan for river basins.

3. Based on the flood prevention and control plans, ministries, sectors, and People's Committees at all levels shall develop plans to prepare personnel, materials, equipment, and other necessary conditions to handle situations when floods occur.

4. State management agencies responsible for meteorology and hydrology shall organize monitoring, forecasting, and timely reporting on rain, floods, and rising sea levels throughout the country.

Article 38. Planning population resettlement, production arrangement, and infrastructure construction in flood-prone areas

The planning of population resettlement, production arrangement, and infrastructure construction in flood-prone areas must comply with the flood prevention and control plan for river basins and be consistent with the characteristics of floods in each area.

The construction of food storage facilities, toxic substances, explosives, fuel, essential materials, and other important assets in flood-prone areas must comply with the flood prevention and control plan for river basins and must be approved by competent state agencies.

Article 39. Water reservoirs and flood prevention and control

1. The construction of water reservoirs must comply with the provisions of Article 5 of this Law and ensure flood prevention standards.

2. Organizations and individuals managing, exploiting, and protecting water reservoirs must have plans to ensure the safety of the works, prevent and control floods downstream in accordance with the flood prevention and control plan for river basins and must strictly follow the operation procedures of water reservoirs approved by competent state agencies.

The Government shall specify the division of responsibilities and authority for managing large water reservoirs.

Article 40. Decision on flood diversion and delay

1. In emergency situations when the dyke system is seriously threatened, the Prime Minister decides on flood diversion and delay measures involving two or more centrally-administered cities or provinces according to the plan approved by the Government; the Chairman of the People's Committee of centrally-administered cities or provinces decides on flood diversion and delay measures in their locality according to the plan approved by the Prime Minister.

2. The Government shall specify emergency situations requiring flood diversion and delay, evacuation measures, ensuring production and livelihoods of the people, remedying flood damage, and providing assistance to people affected by flood diversion and delay.

Article 41. Mobilizing forces and means for flood prevention, control, and aftermath remediation

1. In emergency situations, the Prime Minister and Chairmen of People's Committees at all levels have the right to mobilize the forces, materials, and means of any organization or individual to rescue people, rescue structures and property threatened or damaged by floods, and bear responsibility for their decisions.

2. Organizations and individuals mobilized must comply with the decisions of competent state agencies.

3. Organizations and individuals whose materials and means are mobilized according to the decision of competent state agencies, if suffering losses, shall be compensated according to the provisions of the law.

4. In cases where embankments, flood prevention and control works, or related works are experiencing accidents or there is a risk of accidents, local authorities must mobilize forces, materials, and means to protect and rescue according to the provisions of Article 51 of this Law, while reporting to the management agency of the work and higher-level authorities.

5. The Government decides and directs ministries, sectors, and People's Committees at all levels to implement the remediation of flood aftermath.

6. Ministries, sectors, and People's Committees at all levels within their respective duties and authorities shall be responsible for organizing the implementation of measures to remediate flood aftermath.

Article 42. Drainage for flooded areas

1. The People's Committee of centrally-administered cities or provinces where frequently flooded areas are located must develop and implement drainage plans that are consistent with river basin plans, economic and social development requirements, and environmental protection.

2. Ministries, sectors, People's Committees at all levels, and relevant organizations and individuals have the responsibility to cooperate in implementing drainage according to the division of labor in the local drainage plan.

3. The State invests and supports the construction, operation, and protection of drainage works, prioritizing particularly important areas.

Article 43. Prevention, control, and remediation of drought aftermath

1. The State invests and supports the construction of water conservancy works in areas frequently affected by drought to provide water for daily life, production, and forest fire prevention.

2. Organizations and individuals have the obligation to participate in preventing, combating, and mitigating the consequences of drought.

3. State management agencies for water resources and People's Committees at all levels shall be responsible for developing plans and effectively organizing and directing the prevention, combating, and mitigation of the consequences of drought.

4. State management agencies for meteorology and hydrology shall be responsible for timely providing information and forecasts on meteorology and hydrology to serve the prevention, combating, and mitigation of drought.

Article 44. Prevention and control of saline intrusion, seawater encroachment, and flooding

1. The State shall invest and support the construction of sea dykes, salinity barriers, sweetwater retention structures, protective forests against waves to prevent and control saline intrusion and seawater encroachment and flooding.

2. The management and operation of salinity barriers, sweetwater retention structures, and water reservoirs and flow regulation works must comply with procedures and regulations ensuring the prevention and control of saline intrusion.

3. Groundwater exploration and exploitation in coastal areas must ensure the prevention and control of saline intrusion for underground aquifers.

Article 45. Prevention and control of hailstorms and acid rain

1. State management agencies for meteorology and hydrology shall be responsible for timely providing information and forecasting the possibility of hailstorms and promptly informing the public to take measures for prevention, combating, and reducing damage.

2. Organizations and individuals must implement measures to treat emissions in accordance with environmental protection laws to avoid causing acid rain; in cases where untreated emissions cause acid rain resulting in damage, compensation must be provided according to the law.

Article 46. Financial sources for flood, drought, and other severe impacts caused by water

Financial sources for preventing, combating, and mitigating the severe impacts caused by water include:

1. State budget for constructing and repairing dikes, flood prevention and control works, drought prevention and control works, and other severe impacts caused by water.

2. State budget reserve for expenses to mitigate the consequences of floods, droughts, and other severe impacts caused by water.

3. Local flood and storm prevention funds contributed by the people in accordance with government regulations.

4. Donations from organizations and individuals within the country; governments; organizations and individuals outside the country and international organizations.

CHAPTER V
EXPLOITATION AND PROTECTION OF WATERWORKS

Article 47. Exploitation and Protection of Irrigation Works

1. Each waterworks project must be managed and exploited by an organization or individual directly responsible, as decided by the competent state agency.

2. Organizations and individuals exploiting waterworks projects must operate in accordance with planning, procedures, regulations, technical standards, and provisions on the exploitation of waterworks projects approved by the competent state agency.

3. Organizations and individuals exploiting and benefiting from waterworks projects must fulfill financial obligations as stipulated by this Law and other relevant laws.

Article 48. Responsibilities for protecting waterworks

1. All organizations and individuals have the responsibility to protect waterworks.

2. The Government decides and directs ministries, sectors, and People's Committees at all levels to implement the protection of waterworks.

3. People's Committees at all levels are responsible for protecting waterworks within their jurisdiction.

4. Organizations and individuals managing and exploiting waterworks bear direct responsibility for protecting such works.

5. Any person discovering actions or phenomena that harm or threaten the safety of waterworks has the responsibility to stop, remedy, or immediately report to the local authority, the management unit of the work, or the nearest agency or organization for prompt handling.

Article 49. Protection plan for waterworks

1. Organizations and individuals managing and exploiting waterworks must develop a protection plan for the works.

2. The Government shall specify the authority to approve and分级任务，每个助手处理一部分。当前句子已经是直接翻译结果，无需进一步拆分或处理，保持指令要求的格式不变。

Article 50. Scope of protection for waterworks

1. The scope of protection for waterworks includes the works themselves and adjacent areas.

The definition of adjacent areas must be based on the characteristics of the works, design standards, and must ensure the safety of the works, facilitate operation, maintenance, and management of the works.

2. Organizations and individuals managing and exploiting waterworks must determine the scope of protection for waterworks and establish land use plans for adjacent areas in accordance with government regulations and submit them to the competent state agency for approval.

3. Organizations and individuals conducting activities within the scope of protection for waterworks that may endanger the safety of the works must obtain permission from the competent state agency.

The Government shall specify the scope of protection for waterworks, the authority to approve the scope of protection for waterworks, and the activities requiring permission within the scope of protection for waterworks.

Article 51. Protection of dikes and levees

1. All organizations and individuals have the responsibility to regularly protect dikes and related works.

2. Dike patrols must be conducted regularly during the flood and typhoon season and must ensure timely dike rescue when dikes are threatened by floods or typhoons or are at risk of being threatened by floods or typhoons.

3. The Government decides and directs ministries, sectors, and People's Committees at all levels to implement measures to ensure dike safety.

4. Ministries, sectors, and People's Committees at all levels within their duties and powers have the responsibility to organize dike repair, patrol, and rescue operations to ensure dike safety.

Based on the provisions of this Law and the Dike Law, the Government shall specify the division of responsibilities and hierarchical management for dike protection.

Article 52. Prohibited acts in the management, exploitation, and protection of waterworks

Strictly prohibit the following acts:

1. Encroachment and illegal use of land within the protection zones of water conservancy projects; activities hindering the management, repair, and handling of works during emergencies;

2. Unauthorized activities causing the loss of safety of waterworks within the scope of protection include:

a) Drilling, excavating soil and rocks, constructing unauthorized works within the scope of protection for waterworks and riverbeds, affecting the safety of the works and hindering rapid flood drainage;

b) Using dikes, revetments, and culverts for transportation purposes, compromising the safety of dikes and levees;

c) Using explosives harmful to the environment; arbitrarily dismantling or filling up waterworks for public benefit;

d) Constructing additional waterworks without prior approval from the competent state agency;

3. Operating waterworks contrary to established technical procedures and regulations.

4. Other acts causing the loss of safety of irrigation works.

Chapter VI
INTERNATIONAL RELATIONS REGARDING WATER RESOURCES

Article 53. Principles to be applied in international relations regarding water resources

The Socialist Republic of Vietnam applies the following principles in basic surveys, protection, exploitation, and utilization of international water sources; prevention, combating, and remedying the consequences caused by water; international cooperation and dispute resolution concerning international water sources:

1. Respecting sovereignty, territorial integrity, and interests of countries sharing common water sources;

2. Ensuring fairness, reasonableness, mutual benefits, and sustainable development in the exploitation and utilization of international water sources;

3. Not prejudicing the rights and interests of countries sharing common water sources in accordance with international treaties to which the Socialist Republic of Vietnam is a party;

4. Adhering to Vietnamese laws and implementing international treaties to which the Socialist Republic of Vietnam is a party; respecting international law.

Article 54. Responsibility for protecting Vietnam's rights and interests in international water resources

1. All organizations and individuals have the responsibility to protect national sovereignty along the maritime border, rivers, and streams between Vietnam and neighboring countries or international waters.

2. Organizations and individuals have the responsibility to protect the State of Vietnam’s rights and interests in conducting basic surveys, protecting, exploiting, utilizing water resources; preventing, combating, and remedying the consequences caused by water, protecting the environment related to international water sources in accordance with this Law and other provisions of Vietnamese law.

Article 55. International cooperation in managing and developing water resources

1. The Socialist Republic of Vietnam expands cooperation with other countries, foreign organizations, and individuals in conducting basic surveys, protecting, exploiting, utilizing, and developing water resources; training cadres, scientific research on water resources; preventing, combating, and remedying the consequences caused by water.

2. The Socialist Republic of Vietnam encourages the exchange of information related to international water sources, coordinating research and planning for the protection, exploitation, and utilization of international water sources; coordinating plans for preventing, combating, and remedying the consequences caused by water according to the law; facilitating the management, establishment, and implementation of projects that increase common benefits and reduce losses for residents of countries sharing common water sources.

Article 56. Dispute Resolution Regarding International Water Resources

When resolving disputes regarding international water resources involving countries within river basins, in addition to applying the principles stipulated in Article 53 of this Law, the following provisions must also be followed:

1. Any disputes over sovereignty in conducting basic surveys, protecting, exploiting, utilizing international water sources; preventing, combating, and remedying the consequences caused by water between countries sharing common water sources, including Vietnam, shall be resolved by the Socialist Republic of Vietnam and relevant states through negotiation, in accordance with international treaties to which the Socialist Republic of Vietnam is a party and international practice;

2. Any disputes over international water resources occurring within river basins with international river basin organizations to which the Socialist Republic of Vietnam is a member shall be resolved by the Socialist Republic of Vietnam and relevant states within the framework of the international river basin organization in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

Chapter VII
STATE MANAGEMENT OF WATER RESOURCES

Article 57. Content of State Management of Water Resources

The content of state management of water resources includes:

1. Developing and directing the implementation of strategies, plans, policies on the protection, exploitation, utilization, and development of water resources; prevention, combating, and remedying the consequences caused by water;

2. Issuing and organizing the implementation of legal documents, procedures, regulations, standards on water resources;

3. Managing basic survey work on water resources; meteorological and hydrological forecasting, flood warning, drought warning, and other harmful effects caused by water; organizing research, application of scientific and technological progress, storage of water resource documents;

4. Issuing and revoking permits for water resources;

5. Deciding on measures, mobilizing forces, materials, means to prevent, combat, and remedy the consequences of floods, droughts, and other harmful effects caused by water; handling accidents at irrigation works and other harmful effects caused by water;

6. Inspecting and investigating compliance with and handling violations of laws on water resources; resolving disputes, complaints, and accusations regarding violations of laws on water resources;

7. International relations in the field of water resources; implementing international treaties on water resources to which the Socialist Republic of Vietnam is a party;

8. Organizing administrative bodies, training cadres; promoting and disseminating laws on water resources.

Article 58. State Management Authority Over Water Resources

1. The Government uniformly manages state affairs concerning water resources.

2. The Ministry of Agriculture and Rural Development is responsible before the Government for performing state management functions over water resources.

3. Ministries, agencies equivalent to ministries, and government agencies perform state management functions over water resources according to the division of labor by the Government.

4. Provincial People's Committees and municipal people's committees directly under the central government are responsible for managing state affairs concerning water resources within their localities in accordance with this Law, other legal provisions, and the delegation of authority by the Government.

5. The organizational structure, tasks, and powers of state management agencies over water resources under the Ministry of Agriculture and Rural Development and people's committees at all levels shall be prescribed by the Government.

Article 59. Approval Authority for Water Resource Planning and Projects

1. The National Assembly decides on investment policies for important national works concerning water resources.

2. The Government approves the list, planning of major river basins, and important projects concerning water resources.

3. The Ministry of Agriculture and Rural Development approves river basin planning and irrigation system planning according to the Government's authorization.

4. The Ministries, agencies at the level of ministries, government agencies, People's Committees of provinces and centrally governed cities shall base on the approved water resources planning to approve projects and works related to water resources according to the delegation and classification by the Government.

5. The Government shall specify the delegation and classification for approving the planning and projects and works as stipulated in Clauses 2, 3, and 4 of this Article.

Article 60. Investigation, inventory, and assessment of water resources

1. The Government shall uniformly manage the basic investigation work on water resources.

2. The Ministries, agencies at the level of ministries, and government agencies shall carry out the basic investigation, inventory, and assessment of water resources according to the division of labor by the Government.

3. The Ministry of Agriculture and Rural Development shall consolidate and manage the results of the basic investigation, inventory, and assessment of water resources and build a database on water resources.

4. The People's Committees of provinces and centrally governed cities shall organize the implementation of the basic investigation, inventory, and assessment of water resources in their localities according to the classification by the Government and guidance from relevant Ministries and sectors.

The Government shall specify in detail the division of labor, classification, and management of the results of the basic investigation on water resources.

Article 61. Authority to issue and revoke water resource exploitation permits

The division of labor and classification of authority to issue and revoke water resource exploitation permits must ensure the centralized and unified management authority of the Government and protect the legitimate rights of organizations and individuals to exploit and use water resources.

The Government shall specify in detail the authority to issue and revoke water resource exploitation permits.

Article 62. Resolution of disputes over water resources

1. The State encourages mediation of disputes over water resources.

The People's Committees of communes, wards, and towns shall be responsible for coordinating with agencies, organizations, and individuals in mediating disputes over water resources in accordance with the provisions of the law.

2. The agency authorized to issue a certain type of water resource exploitation permit shall be responsible for resolving complaints arising from the implementation of such permits. If the party concerned disagrees with the decision on complaint resolution, they have the right to appeal to the competent state agency or file a lawsuit at the court in accordance with the law.

3. Other disputes over water resources shall be resolved in accordance with the provisions of the law.

Article 63. Responsibilities of the Ministry of Science and Technology National Council on Water Resources

1. The Government shall establish the National Council on Water Resources to advise the Government on important decisions regarding water resources within its duties and powers.

2. The National Council on Water Resources shall consist of the Chairman being a Deputy Prime Minister, the permanent member being the Minister of Agriculture and Rural Development, other members being representatives of some Ministries, sectors, localities, and some scientists and experts.

3. The specific tasks and powers of the National Council on Water Resources shall be specified by the Government.

Article 64. Content of management of river basin planning

1. The content of management of river basin planning includes:

a) Establishing, submitting for approval, and monitoring the implementation of river basin planning to ensure unified management of planning combined with administrative areas;

b) Implementing coordination with relevant agencies of Ministries, sectors, and localities in conducting basic investigations, inventories, and assessments of water resources in river basins and in establishing, submitting for approval, and monitoring the implementation of sub-basin river basin planning;

c) Proposing solutions to resolve disputes over water resources in river basins.

2. The agency managing river basin planning is a public service agency under the Ministry of Agriculture and Rural Development.

The Government shall specify in detail the organization and operation of the agency managing river basin planning.

Article 65. Directive and command on flood prevention and mitigation

1. The Central Steering Committee for Flood and Storm Prevention and Control and the Steering Committees for Flood and Storm Prevention and Control of Ministries, sectors, and localities shall be responsible for directing and commanding flood prevention, control, and mitigation consequences in accordance with this Law and other legal regulations.

2. The Ministry of Agriculture and Rural Development is the standing office of the Central Steering Committee for Flood and Storm Prevention and Control.

Chapter VIII
SPECIAL INSPECTION OF WATER RESOURCES

Article 66. Tasks of Special Inspection of Water Resources

1. Special Inspection of Water Resources has the following tasks:

a) Inspect the establishment and implementation of planning, plans, and schemes for protecting, exploiting, and using water resources; preventing, controlling, and mitigating adverse effects caused by water;

b) Inspect the implementation of procedures, norms, technical standards for protecting, exploiting, and using water resources; preventing, controlling, and mitigating adverse effects caused by water;

c) Inspect the issuance and revocation of water resource exploitation permits and the implementation of such permits;

d) Coordinate with State Inspection, specialized inspections of Ministries, sectors, and localities in inspecting compliance with laws on water resources and related activities.

2. The Special Inspection of Water Resources under the Ministry of Agriculture and Rural Development shall perform the function of specialized inspection of water resources.

The Government shall specify in detail the organization and operation of the Special Inspection of Water Resources.

Article 67. Authority of Special Inspection of Water Resources

1. During the inspection process, the Inspection Team and Inspectors have the following rights:

a) Request organizations and individuals related to provide documents, information, and answer necessary questions;

b) Collect and verify evidence and documents related to the content of the inspection and conduct technical inspections at the site;

c) Decide to suspend activities of exploiting and using water resources without a permit, temporarily suspend activities of exploiting and using water resources, discharging wastewater into water sources without a permit, and other activities that pose serious risks to water sources and the safety of hydraulic works; and immediately report to the competent state agency for handling;

d) Handle within their authority or recommend the competent authority to handle violations of laws on water resources.

2. The Inspection Team and Inspectors shall bear responsibility before the law for their decisions.

Article 68. Responsibilities of organizations and individuals towards the specialized inspection activities on water resources

1. Organizations and individuals subject to inspection shall have the obligation to comply with the requests of the Inspection Team and Inspectors, and to implement decisions made by the Inspection Team and Inspectors.

2. Other organizations and individuals shall have the responsibility to create conditions for the Inspection Team and Inspectors to perform their duties.

Article 69. Right to appeal, report, and file a lawsuit

1. Organizations and individuals subject to inspection shall have the right to lodge complaints or initiate lawsuits against decisions or measures taken by the Inspection Team or Inspectors in accordance with the provisions of the law.

2. Individuals shall have the right to report to competent state agencies any acts violating laws on water resources.

3. Agencies receiving complaints, reports, or lawsuits shall have the responsibility to examine and resolve them promptly in accordance with the provisions of the law on complaints and reports and other relevant legal provisions.

CHAPTER IX
REWARD AND VIOLATION HANDLING

Article 70. Awards

Organizations and individuals who achieve notable results in protecting, exploiting, and using water resources; preventing, combating, and mitigating adverse effects caused by water; and fighting violations of laws on water resources shall be rewarded in accordance with the provisions of the law.

Article 71. Handling Violations

1. Any person who engages in acts causing serious depletion or deterioration of water sources; fails to comply with mobilization orders from competent state agencies during water source emergencies; destroys or causes insecurity to irrigation works; fails to fulfill financial obligations as stipulated in this Law or violates other provisions of the law on water resources shall, depending on the nature and severity of the violation, be subject to disciplinary action, administrative penalties, or criminal prosecution; if damage is caused, compensation must be provided according to the law.

2. Any person who abuses their position or authority to violate or cover up for those who commit violations concerning the issuance of water resource permits and other provisions of this Law; or uses illegally revenues from water fees, charges, and levies shall, depending on the nature and severity of the violation, be subject to disciplinary action or criminal prosecution; if damage is caused, compensation must be provided according to the law.

Chapter X
IMPLEMENTING PROVISIONS

Article 72. Provisions regarding water resource permits issued before the effective date of the Water Resources Law

Organizations and individuals holding water resource permits issued before the effective date of this Law that are still valid and not contrary to the provisions of this Law shall continue to apply the provisions of such permits, except where the organization or individual voluntarily requests to obtain a new permit in accordance with this Law.

Article 73. Application of the Water Resources Law to foreign organizations and individuals

This Law shall apply to the activities of foreign organizations and individuals in protecting, exploiting, and using water resources; preventing, combating, and mitigating adverse effects caused by water on the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 74. Effectiveness

This Law shall take effect from January 1, 1999.

All previous provisions contrary to this Law are hereby abolished.

Article 75. Detailed regulations and guidance on implementing

The Government shall provide detailed regulations and guidance for the implementation of this Law./.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at its third session of the tenth term on May 20, 1998.