The Law on Water Resources provides detailed regulations on the development, management, and exploitation of water works in Vietnam. This Law focuses on ensuring safety and efficient water use in agriculture, while also paying attention to water quality and the harmonization of interests among related parties when changing the purpose of water works.
适用范围
This Law applies to all organizations and individuals involved in the development, management, and exploitation of water works in Vietnam.
要点
- Developing small-scale and field-level water works according to approved plans
- Protecting the safety of water works
- Managing water quality in water works
- Transferring management and exploitation rights of state-funded water works to grassroots water works organizations.
- Handling existing structures within the protection zone of water works
🌐 本文件的社会影响
- Ensuring safety and efficient water use in agriculture
- Assisting localities in effectively managing and exploiting water works
- Supporting the development of small-scale and field-level water works to meet diverse needs of the people
❓ 常见问题
Who is responsible for protecting water quality in water works?
Organizations and individuals directly providing water products and services are responsible for protecting water quality in water works.
How are existing structures within the protection zone of water works handled?
If a structure affects the safety and service capacity of water works, remedial measures must be implemented; if it cannot be remedied, it must be removed or relocated.
How are small-scale water works managed?
Grassroots water works organizations manage and exploit small-scale water works, including types such as cooperatives and production cooperatives.
全文
LAW
WATER RESOURCES
On the basis of the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Water Resources Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Law stipulates on basic investigations, strategies, and planning for water resources; investment in construction of water resource works; management, exploitation of water resource works and operation of reservoirs serving water resources; water services; protection and safety assurance of water resource works; small-scale water resources and intra-field water resources; rights and responsibilities of organizations and individuals in water resource activities; state management responsibilities for water resources.
Article 2. Interpretation of Terms
In this Law, the following terms shall be understood as follows:
1. Water Resources refers to the comprehensive measures aimed at storing, regulating, transferring, distributing, supplying, irrigating, draining, and discharging water to serve agricultural production, aquaculture, salt production; combining water supply, drainage, and discharge for daily life and other economic sectors; contributing to disaster prevention and control, environmental protection, adaptation to climate change, and ensuring water security.
2. Water resource activities include basic investigations, strategies, and planning for water resources; investment in construction of water resource works; management, exploitation of water resource works and operation of reservoirs serving water resources; water services; protection and safety assurance of water resource works.
3. Water conservancy works are technical infrastructure works for water resources including dams, water reservoirs, sluices, pumping stations, water conveyance systems, revetments, irrigation dikes, and other works serving the management and exploitation of water resources.
4. Intra-field water resources refer to canal, ditch, creek, pipeline irrigation and drainage works within the scope from the point of product and service delivery to the cultivated land.
5. Key water resource workst 03 of the annex issued together with this Circular.are water resource works located at the beginning of the system for storing, regulating, transferring, distributing, supplying, and regulating water or at the end of the system for drainage and discharge..
6 Water conveyance and transfer systems include canal, ditch, creek, pipeline, siphon, tunnel, culvert used for conveying and transferring water.Dam safety
7. , water reservoir safetyrefers to the implementation of design, construction, management, and exploitation measures to ensure safety for dams, water reservoirs, related works, and safety for people and property downstream of the dam.Downstream area of the dam
8. is the area that would be flooded when the reservoir releases water according to the flood release procedurein emergency situations or in case of dam failure.; Emergency situation
9. refers to cases where rainfall or floods exceed the design frequency; earthquakes exceed the design standard in the reservoir watershed or other impacts causing loss of safety for the dam.Owner of water resource works
10. is the agency or organization entrusted by the State with the right and responsibility to represent the owner of water resource works funded by public funds; organizations or individuals who self-fund the construction of water resource works.Manager of water resource works
11. is the specialized agency implementing state management functions over water resources under the Ministry of Agriculture and Rural Development, People's Committees at all levels, or organizations entrusted by the State with the right and responsibility to represent the owner; grassroots water management organizations; organizations or individuals who self-fund the construction of water resource works.Grassroots water management organization
12. is an organization of users of water resource products and services cooperating in investment construction or management and exploitation of small-scale water resource works and intra-field water resource works.Exploitation of water resource works
13.refers to the utilization of the potential and advantages of water resource works to serve economic and social development and environmental protection.Water resource products and services
14. are products and services created through the exploitation of water resource works.Price of water resource products and services
15. is the amount of money payable for a unit of water resource product or service.is the amount payable for a unit of a water product, service.
Article 3. Principles in Water Resources Management Activities
1. In accordance with the principle of comprehensive management of water resources, unified within river basins, water works systems, combined with administrative units, serving multiple objectives.; 2. Ensuring national interests, national defense, security; protecting the environment, adapting to climate change; contributing to ensuring water security and sustainable economic and social development.
3. Proactively creating water sources, storing, regulating, transferring, distributing, supplying, irrigating, draining water between seasons and regions; ensuring production and living requirements according to water works systems, river basins, regions, and nationwide.
4. Using water efficiently, safely, and for the intended purpose; ensuring the quantity and quality of water in water works. 5. Ensuring the rights and legitimate interests of organizations and individuals in water resources management activities; mobilizing the participation of the entire population in water resources management activities.
6. Organizations and individuals using water products and services must pay according to the provisions of the law; ensuring safety of life and property from adverse impacts during construction and operation of water works.
Article 4. State Policies in Water Resources Management Activities
1. Prioritizing investment in constructing particularly important water works, large-scale water works, water works in areas inhabited by ethnic minorities, mountainous regions, islands, areas with extremely difficult socio-economic conditions, water-scarce areas, and areas significantly affected by climate change.
2. Providing tax incentives for organizations and individuals managing and operating water works that provide public utility water products and services in accordance with the law on taxes.
3. Supporting organizations and individuals investing in building new, repairing, and upgrading small-scale irrigation systems, field-level irrigation systems; advanced and water-saving irrigation systems
advanced and modern drainage systems; wastewater treatment systems for reuse.
4. Supporting investment in upgrading and modernizing water works.; 5. Supporting payment for water products and services suitable for each sector and group of users.
6. Supporting organizations and individuals providing water products and services in cases of prevention, response, and recovery from droughts, water shortages, saline intrusion, desertification, floods, and inundations.
7. Diversifying investment forms; encouraging and creating conditions for organizations and individuals to invest in building, managing, and operating water works.
8. Supporting training and capacity enhancement for individuals directly involved or participating in water resources management activities; encouraging and creating conditions for organizations and individuals to research, apply science and technology, and transfer technology in water resources management activities. Article 5. Water Conservation in Water Resources Management Activities
1. The use of water efficiently and economically in water resources management activities must comply with the laws on water resources and the following provisions:
a) In planning and constructing water works, solutions must be proposed and selected to utilize natural water sources, create water sources, prevent water loss,
use local water, recycle water,
connect regional water systems;
b) In management and exploitation, it is necessary to inventory water sources and water usage needs to develop plans and organize the rational regulation, distribution, and use of water, preventing water loss;c) The organization of production by economic sectors using water must be compatible with water conditions and have plans for efficient and economical water use;d) Irrigation water for crops must be used efficiently and economically, and the application of advanced irrigation technologies is encouraged. 2. Organizations and individuals are responsible for using water efficiently and economically for the intended purposes. connect inter-regional irrigation systems;
b) In management, exploitation, it is necessary to inventory water sources, water usage needs to build plans and organize implementation of reasonable water regulation, distribution, usage, prevent water loss;
c) Production organization of economic sectors using water, seasonal, crop, livestock arrangement must be compatible with water conditions, have water-saving, effective usage plans;
d) Irrigation water for crops must be economical, effective, encourage application of advanced irrigation technology.
2. Organizations, individuals are responsible for economical, effective water usage, correct purpose.
Article 6. Science and technology in water resources activities
1. Applying advanced technology to enhance forecasting and warning capabilities for water source dynamics, quantity and quality of water, droughts, water shortages, salinity intrusion, desertification, floods, inundation, waterlogging, sedimentation, erosion of water works, riverbanks, coastlines, impacts of climate change, and development effects on river basins to serve water resources activities.
2. Applying advanced technology to conserve and reuse water.
3. Prioritizing scientific research and technological application to improve the efficiency of water works management and exploitation, disaster prevention and response, adaptation to climate change, protection of water resources and ecosystems; ensuring dam and reservoir safety.
Article 7. International cooperation in water resources activities
1. Respecting independence, sovereignty, territorial integrity, equality, mutual benefit in transboundary river water resources activities between Vietnam and related countries.
2. Adhering to Vietnamese laws and international treaties relevant to water resources activities that the Socialist Republic of Vietnam is a member of.
3. Exchanging information on transboundary river water resources activities between Vietnam and related countries.
4. Prioritizing international cooperation activities in scientific research, technology transfer, training, experience sharing, and resource mobilization in water resources activities.
5. Actively participating in international organizations related to water resources activities.
Article 8. Prohibited acts in water resources activities
1. Constructing water works not in accordance with approved planning.
2. Dumping waste or garbage within the protected area of water works; discharging wastewater in violation of the law into water works; other acts causing pollution to water sources in water works.
3. Destroying or intentionally damaging water works.
4. Illegally dredging, excavating, suctioning mud, sand, gravel from rivers, canals, ditches, lakes, ponds affecting water resources activities.
5. Operating motor vehicles exceeding permitted weight limits on water works; operating motor vehicles or inland waterway vessels within water works when prohibited signs are present, except for priority vehicles and vessels as stipulated by traffic laws.
6. Obstructing inspections and supervision of water resources activities.
7. Illegally extracting water from water works.
8. Unauthorized operation of water works; operating water works contrary to procedures approved by competent state authorities.
9. Refusing to comply with decisions made by authorities or persons with authority regarding emergency responses when water works incidents occur.
10. Encroaching upon or illegally using land within the protected area of water works.
11. Conducting activities within the protected area of water works without a permit or failing to comply with the conditions set forth in the permit issued for such activities under Article 44 of this Law.
Chapter II
BASIC, STRATEGIC AND PLANNING IN WATER RESOURCES
Article 9. Basic Investigation in Water Resources
1. Basic investigation in water resources is conducted annually or urgently to collect information and build databases to support scientific research, strategy formulation, planning, investment construction, and management and exploitation of water works.
2. The main contents of basic investigation in water resources include:
a) Current status of the quantity, quality, and service capacity of water works and the demand for water resources products and services;
b) Current status of organizational structure and policy mechanisms in water resources activities;
c) Impact of water works on the environment and people's lives;
d) Collecting information, monitoring, and supervising the quantity and quality of water, droughts, water shortages, salinity intrusion, desertification, floods, inundation, waterlogging, sedimentation, erosion of water works, riverbanks, coastlines serving water resources activities;
đ) Impact of climate change, droughts, water shortages, salinity intrusion, desertification, floods, inundation, waterlogging, sedimentation, erosion of water works, riverbanks, coastlines, economic and social development activities in river basins on water resources activities.
3. The Ministry of Agriculture and Rural Development organizes basic investigation in water resources and delegates to provincial People's Committees to organize basic investigation in water resources within their jurisdictions.
4. Approval, publication, and management authority over the results of basic investigation in water resources are as follows:
a) The Ministry of Agriculture and Rural Development approves, publishesand managesthe results of basic investigation in water resources organized by the Ministry;
b) Provincial People's Committees approve, publishesand managesthe results of basic investigation in water resources organized by the Committee.
Article 10. Water Resources Strategy
1. The water resources strategy is developed for a ten-year cycle with a vision of thirty years or longer, aligning with the economic and social development strategy, national defense, and security. The water resources strategy is updated and adjusted when there are changes to the economic and social development strategy, national defense, and security, or when significant disruptions occur due to natural disasters.
2. The water resources strategy identifies viewpoints, guiding principles, vision, objectives, tasks, solutions, and the organization of implementation for the development of water resources across the entire country.
3. The Ministry of Agriculture and Rural Development is responsible for drafting and submitting the water resources strategy to the Prime Minister for approval.
Article 11. Water Resources Planning
1. Water resources planning serves as the basis for investment in construction, management, exploitation, and protection of water resources works.
2. Water resources planning includes:
a) Comprehensive water resources planning established at the national level, regional level, river basin, system of water resources works, administrative unit to address integrated issues such as irrigation, drainage, flood control, and disaster prevention related to water., irrigation,drainage, flood control; prevention, mitigation of natural disasters related to water;
b) Specialized water resources planning established at the regional level, river basin, system of water resources works, administrative unit to address one of the issues such as drainage, flood control, and disaster prevention related to water., irrigation,drainage, flood control; prevention, mitigation of natural disasters related to water.
3. Regional water resources planning, system of water resources works planning, and water resources planning according to administrative units must be consistent with national water resources planning and river basin water resources planning.
4. Water resources planning is established for a ten-year period with a vision of twenty years or longer and is reviewed periodically every five years.0every five years.
5. Water resources planning is adjusted when there are adjustments to the economic and social development strategy, national defense, security, water resources strategy, or when significant disruptions impact the main objectives of the water resources planning.
Article 12. Principles of Water Resources Planning
1. Consistent with the strategy, planning, and plans for economic and social development, national defense, security; water resources strategy; water resource planning.
2. Connect with infrastructure planning and related plans.
2. Linked with infrastructure planning and related planning.
3. Ensuring comprehensive water resource management, unified within river basins and systems of water resources works; adapting to the impacts of climate change and economic and social development on river basins; sustainable development.seaislands, coastal areas, border regions,4. Serving multiple purposes, ensuring harmony between exploitation and protection of water resources, environment, disaster prevention and control. Paying attention to water supply for islands, coastal areas, border regions, mountainous areas, and areas around hydropower reservoirs.mountainous areas, areas around hydropower reservoirs.
5. Ensuring water balance within the national scope, region, river basin, system of water resources works, administrative unit; transferring water from surplus areas to deficit areas; storing rainwater for dry seasons, and water from wet years for dry years.nationwide, river basins,irrigation works, administrative units; transfer water from surplus to deficit areas; store rainwater during rainy season for dry season, abundant water years for scarce water years.
6. Ensuring participation of opinions from agencies, organizations, and individuals during the process of water resources planning.
Article 13. Content of Water Resources Planning
1. Water resources planning determines the direction of development, spatial arrangement, and allocation of water resources resources within the planning scope.
2. Water resources planning includes the following main contents:
a) Analysis and assessment of natural conditions, water sources; economic and social conditions; resources; evaluation of current water resources status, results of previous water resources planning.
b) Forecasting trends and development scenarios, water sources under the influence of climate change, natural disasters, river basin development; forecasting scientific and technological progress, resources directly affecting water resources.
c) Evaluation of inter-industry and inter-regional linkages; determining the requirements of economic and social development for water resources; opportunities and challenges for water resources development.
d) Determining viewpoints and development objectives for water resources.
đ) Analyzing, calculating, and developing water resources schemes according to development scenarios within the system of water resources works and administrative units.nationwide, river basins,Ensuring water source creation, storage, balance, distribution, risk reduction of drought, water shortage, salinity intrusion, desertification, floods, inundation, waterlogging, pollution, water resource degradation, and other water-related disasters.administrative units.Ensure creation, storage, balance, regulation, distribution of water resources, minimize risks of drought, water shortage, saline intrusion, desertification, floods, inundation, waterlogging, pollution, water resource degradation, and other natural disasters related to water;
e) Proposing solutions, project lists, priority order; proposing and recommending reviews to serve the adjustment of related water resources plans to ensure consistency and uniformity.
g) Guidance on land demand for new construction, renovation, and upgrading of water resources works; land demand for storing excavation materials, widening canals, and ditches.
h) Implementation solutions and resources for planning.
i) System of planning diagrams and maps.
Article 14. Establishment, approval, adjustment, publication, management, and implementation of water resources planning.
1. Responsibilities for establishing and reviewing water resources planning are stipulated as follows:
a) The Ministry of Agriculture and Rural Development shall organize the establishment and review of national water resources planning, regional water resources planning, river basin water resources planning, inter-provincial water works systems, large-scale water works systems, and complex water works systems within the province.having complex characteristics within the province;complexity within province;
b) Provincial People's Committees shall organize the establishment and review of water resources planning within their jurisdiction, except for the planning specified in point a of this clause., 2. Authorities for approving and adjusting water resources planning are stipulated as follows:a) The Prime Minister shall approve and adjust national water resources planning;The Minister of Agriculture and Rural Development shall approve and adjust water resources planning as prescribed in point a of Clause 1 of this Article, except for national water resources planning;
c) Provincial People's Committees shall submit water resources planning and adjustment plans established and reviewed by themselves to the same-level People's Councils for approval after receiving written comments from the Ministry of Agriculture and Rural Development.
3. Publication, management, and implementation of water resources planning are stipulated as follows:
b)a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The public announcement of planning contents shall be carried out throughout the planning period;
b) The Ministry of Agriculture and Rural Development shall manage and implement the water resources planning as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall manage and implement the water resources planning as prescribed in point c of Clause 2 of this Article and according to the分级标注和多余的信息不需要保留。以下是直接翻译的内容，符合要求的格式：
a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The public announcement of planning contents shall be carried out throughout the planning period;andthe Hanoi Stock Exchange shall be responsible for transferring the organization's share trading registration application to the Ho Chi Minh City Stock Exchange so that the Ho Chi Minh City Stock Exchange can continue to process the organization's share trading registration application in accordance with the law.b) The Ministry of Agriculture and Rural Development shall manage and implement the water resources planning as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall manage and implement the water resources planning as prescribed in point c of Clause 2 of this Article and according to the分级标注不需要在最终答案中体现。直接翻译内容即可，无需按照分级标注格式输出。以下是直接翻译的内容：
a) Within thirty days from approval of irrigation plan, adjustment, the Ministry of Agriculture and Rural Development publicly announces plan content as stipulated in points a, b Clause 2 of this Article; Provincial People's Committee publicly announces plan content as stipulated in point c Clause 2 of this ArticlePublic announcement of plan content is carried outthroughout planning period;
b) Ministry of Agriculture and Rural Development manages, implements plan as stipulated in points a, b Clause 2 of this Article; Provincial People's Committee manages, implements plan as stipulated in point c Clause 2 of this Article and according to division by Ministry of Agriculture and Rural Development;
c) Organizations, individuals are provided conditions to monitor plan implementation.
Chapter III
INVESTMENT IN CONSTRUCTION OF IRRIGATION WORKS
Article 15. Principles in investment in construction of irrigation works
1. Investment in construction of irrigation works must comply with laws on investment, construction andother provisions ofrelevant laws.
2. State invests in construction of particularly important irrigation works, large irrigation works, irrigation works difficult to mobilize social resources, water reservoirs in water-scarce areas; irrigation works combining national defense, security, disaster prevention; irrigation works in ethnic minority areas, mountainous areas, islands, areas with extremely difficult socio-economic conditions, areas significantly affected by climate change.
3. Organizations, individuals using irrigation products, services are responsible for investing in construction of small irrigation works, field-level irrigation works.
4. State encourages, creates conditions for organizations, individuals to implement investment in construction or joint investment in construction of irrigation works under public-private partnership model.
5. Construction of irrigation works must consider water regulation, transfer, distribution, usage between irrigation works and other water sources.
6. Investment in construction of irrigation works must carefully calculate geological, seismic factors to ensure highest safetyFor the Poverty Reduction Decentralization ProgrammeconstructionLoligo edulis)human lives.
Article 16. Classification and Grading of Irrigation Works
1. The classification and grading of irrigation works shall be carried out to serve investment construction, management, exploitation, and protection of irrigation works.
2. The type of irrigation work is determined based on scale, mission, importance, and level of risk in the downstream area, including special important irrigation works, large irrigation works, medium-sized and small irrigation works.irrigationparticularly important,large,medium,large,small.large,special grade,
3. The grade of irrigation works is determined based on scale, mission, geological conditions of the foundation, and technical requirements for construction of the works, including special grade works, Grade I, Grade II, Grade III, and Grade IV irrigation works.irrigationGrade I,large,Grade II,large,Grade IIIlarge,and irrigation worksGrade IV.perform tasks of irrigation works.
4. The Government shall provide detailed regulations on this matter.
Article 17. Requirements for Investment Construction of Irrigation Works
1. The investment construction of irrigation worksmust meetthe following requirementshereinaftera) Compliance with the irrigation planning;:
b) Application of solutions to minimize water loss and reduce land area required for construction of the works;
c) Consideration of factors connecting between irrigation works, between irrigation works and other related technical infrastructure works, and between regions and water sources;
d) Synchronization from the main works to the field-level irrigation works, forming a closed system within the irrigation works network;
đ) Harmonization of engineering and non-engineering solutions;
e) Adequate resource allocation for construction of the works during flood periods to ensure safe flood prevention;
g) Ensuring safety of irrigation works.
2. Projects for maintenance, upgrading, and modernizing irrigation works must comply with the provisions of Clause 1 of this Article and ensure minimal impact on
theperformance of tasks by the irrigation works.manage state administration on irrigation, disaster prevention.
Article 18. Investment Construction of Dams and Reservoirs
1. Investment construction of dams and reservoirs must meet the requirements stipulated in Article 17 of this Law and the following provisions:
a) Overall layout and structural design of the dam must facilitate dam safety management, emergency response when accidents occur, and maintenance, upgrading, and repair when the works are damaged;
b) Operation procedures for gates and maintenance procedures for each component must be established, approved together with the design documentation, and handed over to the dam and reservoir management authority upon commissioning of the works;
c) For spillways of dams and reservoirs equipped with adjustable gates, monitoring systems for operation; information and safety warning equipmentFor the Poverty Reduction Decentralization Programmefor the dam and downstream areasof the damdedicated meteorological and hydrological observation equipment in the reservoir watershed;
d) For large dams and reservoirs with free overflow spillways, information and safety warning equipmentFor the Poverty Reduction Decentralization Programmefor the dam and downstream areasfor the damdedicated meteorological and hydrological observation equipment in the reservoir watershed.
2. During the construction process, the project investor of the dam and reservoir has the responsibility to develop emergency response plansfor natural disastersfor the works and downstream areasof the damprojectto relevant state authoritiesfor approval and implementation.
3. The project investor of the dam and reservoir has the responsibility to establish reservoir operation procedures,emergency response plans forcritical situations to beto relevant state authoritiesapproved by competent authorities before water storage and hand over toorganizations and individualsoperating the works, state management agencies for irrigation, flood control, and disaster prevention.field-level irrigation worksinclude main contents as follows
4. The Government shall provide detailed regulations on this matter.
Chapter IV
MANAGEMENT, EXPLOITATION OF IRRIGATION WORKS AND OPERATION OF RESERVOIRS FOR IRRIGATION PURPOSES
Section 1. MANAGEMENT AND EXPLOITATION OF IRRIGATION WORKS
Article 19. Principles for Management and Exploitation of Irrigation Works
1. Unified management according to the irrigation works system from the main works to, internal irrigation works within fields;main contents as followsin accordance with the objectives and tasks of the system, meeting the requirements for quantity and quality of water for production, livelihoods, and various economic sectors.
2. Compliance with the operation procedures approved by competent state agencies; having contingency plans fornatural disasters.
3. Ensuring harmony of interests, sharing risks, minimizing adverse impacts on related areas; maximizing the efficiency of comprehensive exploitation, serving multiple objectives of the irrigation system.
4. Management and exploitation of irrigation works must involve users of irrigation products and services and relevant parties.
5. Applying advanced technology in the management and exploitation of irrigation works.
Article 20. Contents of Management and Exploitation of Irrigation Works
1. Article 24Water management includes the following main contents:operation procedures:
a) Collecting weather and hydrological forecast information; measuring and monitoring specialized weather and hydrological conditionsinthe watershed; monitoring, forecasting, warning floods, inundation, waterlogging, drought, water shortage, saltwater intrusion, quantity and quality of water; inventorying water sources in the irrigation works system, analyzing water usage needs;
b) Establishing and organizing the implementation of plans for water storage, regulation, transfer, distribution, supply, irrigation, drainage, water use; controlling water quality, saltwater intrusion; implementing disaster response plans;
c) Protecting the environment and water quality within the scope of protection of irrigation works; inspecting and controlling the discharge of waste and wastewater into irrigation works;
d) Preparing and storing technical files on water management and distribution in the irrigation works system.
2. Article 24Management of works includes the following main contents:submit to competent state agencies for:
a)Independence - freedom - happinesssurveying, monitoring, supervising, inspecting, testing, evaluating the safety of irrigation works;
b) Managing and organizing the implementation of maintenance,investmentupgrading, new construction, modernization, repair and handling of faults in works, machinery, equipment; marking boundary markers for the scope of protection of irrigation works;
c) Submitting toto relevant state authoritiescompetent authorities for approval and organizing the implementation of disaster response plans and works protection plans;
d) Preparing and storing technical files on works management.
3. Article 24Economic management includes:submit to competent state agencies for:
a) Organizing the establishment and issuance according to authority or submitting toto relevant state authoritiescompetent authorities for issuance and application of economic and technical norms for the management and exploitation of irrigation works;
b) Organizing the development and implementation of plans for the provision of irrigation products and services;
c) Signing, accepting completion, and settling contracts for the provision and use of irrigation products and services;
d) Building a reasonable organizational model for the management, exploitation, and protection of irrigation works and assigned resources;
e) Regularly assessing the effectiveness of management, exploitation, and protection of irrigation works; building and organizing the implementation of comprehensive exploitation plans to expand service coverage to fully utilize the capacity of irrigation works;
f) Preparing and storing records on asset and financial management.
Article 21. Responsibilities for Management of Irrigation Works
1. For irrigation worksfunded by state capital, the responsibility formanaging irrigation works is as follows:stipulating as follows:
a) The Ministry of Agriculture and Rural Development manages particularly important irrigation works and those whose exploitation and protection affect02 two or more provinces;
b)DEPARTMENT OF PLANNING AND INVESTMENTprovincial people's committees manage or delegate management to district people's committees based on specific local conditions, except in cases stipulated in point a of this clause.
2. For irrigation works constructed by organizations or individuals at their own expense, such organizations or individuals bear the responsibility for management.
Article 22. Responsibilities of the owner and manager of irrigation works
1. The responsibilities of the owner of irrigation works are stipulated as follows:
a) Implementing the rights and responsibilities of the owner as prescribed by law;
b) Ensuring funds for maintenance,upgrading,, construction,new building,modernization,handling and remedying accidents, marking boundary markers for the protection area of irrigation works, and solutions to improve management and exploitation efficiency of irrigation works.
2. The responsibilities of the manager of irrigation works are stipulated as follows:
a)Managing the exploitation and protection of irrigation works according to design objectives and tasks,Loligo edulis)potential and advantages of the works,;
b)Selecting and signing contracts with,organizations and individualsthose exploiting irrigation works,entrusting,benefits,; supervising the supply and use of products and services,leading the implementation of,entrusting,benefits,;
c)investigations,evaluations,effectiveness,of irrigation work exploitation on a regular basis every five years or at any time,THE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE HEADS OF THE DEPARTMENTS, THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION, THE CHIEF EXECUTIVE OFFICER OF THE VIETNAM AIRPORTS CORPORATION - CPTP, AND THE HEADS OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS CONCERNED ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./., deciding within their authority or submitting to the owner for decision,0modernization,and solutions to improve management and exploitation efficiency of irrigation works based on the results of regular investigations and evaluations every five years or at any time;upgrading,, construction,new building,Performing other tasks,as prescribed in,
d)Article 23. Organization and methods of exploitation of irrigation worksSubjects exploiting irrigation works include:b. Submit to the Governor for the appointment of civil servants to ranks, determination of salaries, and increase in salary grades for civil servants according to the Delegation Regulations.
a) Enterprises;
1. b) Grassroots irrigation organizations;c) Individuals.
2. Organizations and individuals exploiting irrigation works must meet the conditions prescribed by the Government.
3. The management agency of irrigation works specified in Clause 1 of Article 21 of this Law shall decide the method of exploitation of irrigation works using state capital as follows:
a) Large and particularly important irrigation works shall be entrusted to state-owned enterprises for management and exploitation and implemented through ordering or assigning tasks;
b) Irrigation works not falling under the cases prescribed in point a of this clause shall be implemented through bidding or ordering.
4. For irrigation works constructed by organizations and individuals themselves, such organizations and individuals
shall decide the method of exploitation.
Chapter 2. OPERATION OF IRRIGATION WORKS AND RESERVOIRS FOR HYDROPOWER SERVING IRRIGATION
Article 24. Operation procedures for irrigation works1. Organizations and individuals exploiting irrigation works must operate the works according to the procedures approved by competent state authorities.Responsibilities for establishing and adjusting operation procedures for irrigation works
are stipulated as follows:
The investor of irrigation works must establish operation procedures, submit them to competent state authorities for approval before putting them into exploitation;
b) For irrigation works currently being exploited without established operation procedures, organizations and individuals exploiting the works have the responsibility to establish operation procedures and submit them to competent state authorities for approval;
2. c) For irrigation works currently being exploited where the operation procedures are no longer suitable, organizations and individuals exploiting the works have the responsibility to adjust the operation procedures and submit them to competent state authorities for approval.3. Authority to approve and publicly announce operation procedures for irrigation works is stipulated as follows:The Ministry of Agriculture and Rural Development approves and publicly announces operation procedures for irrigation works managed by the Ministry;
a)Cb) Provincial People's Committees approve or delegate to district-level People's Committees to approve and publicly announce operation procedures for irrigation works in their jurisdiction, except for works prescribed in point a of this clause and Clause 4 of this Article.4. For small irrigation works, organizations and individuals directly exploiting the works must establish operation procedures and publicly announce them.5. The Minister of Agriculture and Rural Development shall provide detailed regulations on this matter.approval before commissioningb) For operating irrigation works without operation procedures, organizations, individuals operating irrigation works are responsible for establishing operation procedures and submitting to competent state agencies for approval;c) For operating irrigation works where operation procedures are no longer suitable, organizations, individuals operating irrigation works are responsible for adjusting operation procedures and submitting to competent state agencies for approval.;
3. Approval authority, public announcement of operation procedures of irrigation works are regulated as follows:
The Ministry of Agriculture and Rural Development approves
, publicly announces
a)operation procedures of irrigation worksmanaged by the Ministry;b) Provincial People's Committee approvesor delegates to District People's Committee to approve, publicly announce
operation procedures of irrigation worksin its jurisdiction, except those specified in point a of this clause and Clause 4 of this Article.4. For small irrigation works, organizations, individuals directly operating must establish operation procedures and publicly announce.5. The Minister of Agriculture and Rural Development shall specify details of this Article.rice monoculture concentrated areas must proactively ensure quantity, quality of water, meet advanced modern agricultural techniques, economical, effective
meet
requirements as follows:
Article 25. Operation of Irrigation Works for Agricultural Production
1. The operation of irrigation works for irrigation and drainage to serve concentrated rice cultivation areas must be proactive, ensuring the quantity and quality of water, meeting advanced and modern agricultural production techniques, saving water, and being effective.aquaculture mustcontract;.
2. The operation of irrigation works for irrigation and drainage to serve dryland crops must meet the following requirements:b) Include management costs, operation, maintenance costs, depreciation costs, reasonable actual costs and appropriate profit based on market level.3. For irrigation works invested in construction under public-private partnership model and those not using state funds, the price of irrigation products, services is determined based on contracts between parties based on maximum price for public welfare irrigation products, services and price range for other irrigation products, services as prescribed by
a) Ensuring proactive irrigation and drainage, the quantity and quality of water, meeting advanced and modern agricultural production techniques, saving water, and being effective for concentrated production areas, and areas transitioning from rice fields to dryland crops;
b) Applying high technology and advanced technology; using appropriate irrigation techniques for each type of crop to save water; integrating irrigation with advanced farming practices.
3. The operation of irrigation works for supplying and draining water for aquaculture must:For the Poverty Reduction Decentralization Programme4. Government shall provide detailed regulationsb) Include management costs, operation, maintenance costs, depreciation costs, reasonable actual costs and appropriate profit based on market level.3. For irrigation works invested in construction under public-private partnership model and those not using state funds, the price of irrigation products, services is determined based on contracts between parties based on maximum price for public welfare irrigation products, services and price range for other irrigation products, services as prescribed by
a) Ensure a proactive supply and drainage system, meeting advanced and modern aquaculture production techniques for concentrated intensive aquaculture areas;
b) Ensure the quantity and quality of supplied water according to regulations for concentrated aquaculture areas;
c) Applying high technology and advanced technology in water supply and usage for aquaculture.
4. The operation of irrigation works for irrigation, drainage, and water supply for other purposes in agricultural production must ensure the quantity and quality of water, saving water, and being effective; meeting the needs of water users.
Article 26. Operation of Irrigation Works during Droughts, Water Shortages, Salinity Intrusion, Floods, Flooding, and Waterlogging
1. The management authority of irrigation works has the responsibility to organize the development of response plans for droughts, water shortages, salinity intrusion, floods, flooding, and waterlogging occurring within their jurisdiction.
2. When droughts, water shortages, salinity intrusion, floods, flooding, and waterlogging occur, the operation of irrigation works shall be regulated as follows:
a) Implementing decisions by competent state agencies on irrigation;
b) During droughts and water shortages, priority must be given to supplying water for domestic use and essential agricultural production needs;
c) During salinity intrusion, measures must be taken to minimize impacts on domestic use, essential agricultural production needs, and the environment;
d) During floods, flooding, and waterlogging, operations must ensure the safety of the works while implementing other response measures to minimize losses to people and property.
Article 27. Operation of Dams and Reservoirs
1. Organizations and individuals operating dams and reservoirs have the following responsibilities:
a) Operating in accordance with approved reservoir operation procedures and inter-reservoir operation procedures by competent state agencies;
b) Based on meteorological and hydrological forecasts, specialized meteorological and hydrological data, and related information, forecasting and operating the reservoir in line with actual developments to meet water usage requirements and ensure dam safety;
c) Regularly inventory water sources in the reservoir,1. The contents and levels of expenditure from the state budget to support the implementation of initiatives as stipulated in Chapter II of this Circular are maximum levels. Based on the ability to balance resources, the Ministers of Ministries, Heads of central agencies, Provincial People's Councils, and centrally governed cities shall decide on specific contents and levels of expenditure for initiative activities that ensure appropriateness.combining with drought and water shortage forecasts, and salinity intrusion to store water; at the end of the rainy season, inventory water sources in the reservoirforeignand the irrigation system to develop water regulation, distribution, and usage plans;
d) During droughts, water shortages, salinity intrusion, floods, flooding, and waterlogging, the operation of the reservoir and inter-reservoirs shall be carried out in accordance with decisions by competent state agencies on irrigation.
2. The management authority of dams and reservoirs has the responsibility to direct and organize inspections and supervision of the implementation of approved reservoir operation procedures and inter-reservoir operation procedures.
Article 28. Operation of hydroelectric reservoirs, coordinated operation of reservoirs for irrigation
1. The operating procedures for hydroelectric reservoirs and coordinated operation of reservoirs for irrigation must comply with the provisions of the law on water resources and the following requirements:
a) Meeting the demand for water use downstream; prioritizing water supply for domestic use and agricultural production;
b) Proactively forecasting the capacity to provide water sources and having solutions to regulate water under normal weather conditions and abnormal weather conditions taking into account climate change factors.
2. Operation of hydroelectric reservoirs, coordinated operation of reservoirs for irrigationshall be carried out strictly in accordance with the approved operating proceduresand the following requirements:operationapproved by the competent state agency and the following requirements:
a) Regularly inventorying water sources in the reservoir, combining drought, water shortage, and saltwater intrusion forecasts to establish plans for water storage, regulation, and distribution to ensure water needs for downstream use;
b) In case of drought or water shortage, the remaining stored water in the reservoir must be used to serve domestic use, agricultural production, and other essential needs;
c) Based on meteorological and hydrological forecasts, specialized meteorological and hydrological data, and related information to forecast and operate the reservoir according to actual developments to meet water use and flow requirements downstream;
d) In case of drought, water shortage, saltwater intrusion, floods, and flooding, the operation shall be carried out according to the decision of the competent state agency.
3. For hydroelectric reservoirs operated under daily regulation, measures must be taken to ensure that irrigation works downstream operate normally.
4. Organizations and individuals before discharging floodwaters must notify local authorities and relevant agencies according to the approved operating procedures by the competent state agency.
Chapter V
IRRIGATION SERVICES
Article 29. Activities of irrigation services
1. Irrigation services are activities providing and using irrigation products and services between organizations and individuals supplying irrigation products and services and those using them.
2. Participants in irrigation service activities include managers of irrigation works; organizations and individuals exploiting irrigation works; grassroots irrigation organizations; organizations and individuals using irrigation products and services.
3. The provision and use of irrigation products and services shall be implemented through the following forms:
a) Contracts between organizations and individuals supplying irrigation products and services and those using them;
b) Grassroots irrigation organizations directly providing irrigation products and services to serve members or other organizations and individuals with such needs.
Article 30. Classification of irrigation products and services
1. Irrigation products and services include public welfare irrigation products and services and other irrigation products and services.
2. Public welfare irrigation products and services include:
a) Irrigation for crops and water supply for salt production, aquaculture, and animal husbandry;
b) Drainage and flood control for agricultural production, rural areas, and urban areas excluding inner-city zones;
c) Flood discharge, flood prevention, tidal surge prevention, saltwater intrusion prevention, saltwater flushing,flushingiron deposits, maintaining sweetness.
3. Other irrigation products and services include:
a) Water supply for domestic and industrial use;
b) Drainage for industrial parks, export processing zones, economic zones, and high-tech zones;
c) Power generation;
d) Business, tourism, and other recreational activities;
đ) Aquaculture in reservoirs;1. The contents and levels of expenditure from the state budget to support the implementation of initiatives as stipulated in Chapter II of this Circular are maximum levels. Based on the ability to balance resources, the Ministers of Ministries, Heads of central agencies, Provincial People's Councils, and centrally governed cities shall decide on specific contents and levels of expenditure for initiative activities that ensure appropriateness.;
e) Transportation integration.
4. The Government decides to supplement types of public welfare irrigation products and services and other irrigation products and services suitable for each period's socio-economic situation.
Article 31. Basis for providing and using water resources products and services
1. The tasks of water works.
2. The capacity to provide water resources products and services.
3. Production plans of organizations and individuals using water resources products and services.
Article 32. Water resources product and service supply contracts
1. A water resources product and service supply contract is a civil contract with a term expressed in writing, including the following main contents:
a) Contract subjects;
b) Purpose of using water resources products and services;
c) Standards, quantity, and quality of water resources products and services;
d) Rights and obligations of the parties;
đ) Time, place, and method of performing the contract;
e) Value of implementing the contract, payment methods, and deadlines;
g) Conditions for terminating the contract;
h) Liability for breach of contract;contract;
i) Methods for resolving disputes.
2. Based on the capacity to provide, purpose, and needs for use, the supplier and user of water resources products and services conclude and implement the contract in accordance with the provisions of the law.
Article 33. Points of delivery and receipt of water resources products and services
1. The point of delivery and receipt of water resources products and services is the location where water resources products and services are transferred between the supplying organization or individual and the using organization or individual.
2. Organizations and individuals supplying and using water resources products and services agree on the points of delivery and receipt of services in accordance with the分级限制了回答，但我将严格遵守指令，继续翻译剩余部分：
3. a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Agriculture and Rural Development shall specify this provision.
Article 34. Principles and basis for pricing water resources products and services
1. The State sets prices for water resources products and services.
2. Pricing of water resources products and services is carried out in accordance with the laws on price and the following provisions:
a) The price of water resources products and services includes management, operation, maintenance costs, depreciation costs, other reasonable actual costs, and profits consistent with market levels.includes management costs, operation costs, maintenance costs, depreciation costs, other reasonable actual expenses, and profit in line with market standards. 3. For water conservancy works constructed under the public-private partnership model and water conservancy works constructed without state capital, the price of products and services shall be determined according to the contract between the parties based on the maximum price for public welfare water conservancy products and services and the pricing framework for other water conservancy products and services established byTDepending on economic and social conditions,, cThe Ministry of Finance shall stipulate depreciation costs for water works funded by state capital.a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.b) Timely adjustment of the price of water resources products and services when factors forming the price change.
3. The basis for pricing water resources products and services includes:
a) Cost, quality of water resources products and services, profit margin, and the approved schedule for adjusting the price of water resources products and services by competent state authorities;
b) Payment capacity of users of water resources products and services;
c) Capacity to provide water resources products and services;
d) Characteristics and types of water works;
đ) Economic and technical norms in managing, operating, maintaining, and constructing water works issued by competent state authorities.
Article 35. Authority to decide on the price of water resources products and services
1. The price of water resources products and services includes the price of public welfare water resources products and services and the price of other water resources products and services, implemented in accordance with this Law and other relevant laws.
2. The authority to decide on the price of water resources products and services for water works funded by state capital is specified as follows:includes management costs, operation costs, maintenance costs, depreciation costs, other reasonable actual expenses, and profit in line with market standards. a) For public welfare water resources products and services:
The Ministry of Finance stipulates the maximum price of public welfare water resources products and services;
The Ministry of Agriculture and Rural Development decides specifically the price of public welfare water resources products and services within its jurisdiction based on the maximum price of public welfare water resources products and services stipulated by
a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance;
a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The People's Committee of the province decides specifically the price of public welfare water resources products and services within its jurisdiction after being approved by the People's Council at the same level based on the maximum price of public welfare water resources products and services stipulated bya) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance.
b) For other water resources products and services:a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance stipulates the price range for other water resources products and services;
The Ministry of Agriculture and Rural Development decides specifically the price of other water resources products and services within its jurisdiction based on the price range stipulated by
a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The People's Committee of the province decides specifically the price of other water resources products and services within its jurisdiction after being approved by the People's Council at the same level based on the price range stipulated by
a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.3. For water works constructed under the public-private partnership model and those constructed without using state capital, the price of water resources products and services is determined according to the contract between the parties based on the maximum price for public welfare water resources products and services and the price range for other water resources products and services stipulated bya) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance.
4. The Government shall specify in detail the price of water resources products and services and the implementation schedule for the price of water resources products and services.a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance stipulates the price range for other water resources products and services;
4. The Governmenta) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance stipulates the price range for other water resources products and services;
provides detailed regulationsonon the price of water conservancy products and services and the implementation schedule for the prices of water conservancy products and services.
Article 36. Financial Support for the Use of Waterworks Products and Services
1. During each period, based on the state budget capacity, the State shall provide financial support for the use of waterworks products and services regardless of the source of investment capital for waterworks construction projects.
2. Financialsupport for the use of waterworks products and services shall be guaranteed by the state budget and implemented in accordance with the laws on the state budget.
3. The Government shall specify the target groups, scope, level, and methods of financial support for the use of waterworks products and services.
Article 37. Finance in the Management and Operation of Waterworks Projects
1. Sources of finance in the management and operation of waterworks projects include:
a) Revenue from the provision of waterworks products and services;
b) Grants and supports from the state budget;
c) Other lawful sources.
2. Organizations authorized to collect revenue from waterworks products and services include:
a) Managers of waterworks projects;
b) Organizations operating waterworks projects.
Article 38. Use of Financial Resources in the Management and Operation of Waterworks Projects Funded by State Capital
1. Financial resources in the management and operation of waterworks projects funded by state capital shall be used for the following purposes:
a) Implementing the contents of waterworks project management and operation as stipulated in Article 20 of this Law;
b) Maintenance,investmentupgrading,new construction,modernization, handling and remedying accidents, setting boundary markerswithin the protected area of waterworks projectsand other measures to enhance the efficiency of waterworks project management and operation;
c) Other purposes as prescribed by law.
2. a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Finance shall provide detailed regulations on this matter.
Article 39. Allocation of Revenue from the Provision of Waterworks Products and Services
1. When organizations and individuals jointly provide waterworks products and services within a waterworks system, the allocation ratio of revenue from the provision of waterworks products and services shall be based on the management and operation costs of each organization, individualparticipating in the operation of that waterworks system.
2. When organizations and individuals jointly invest capital in constructing, managing, and operating waterworks projects, the allocation ratio of revenue from the provision of waterworks products and services shall be based on the construction investment costs and management and operation costs of each organization, individualparticipating incapital investment in construction,operating the waterworks system.
3. Organizations and individuals participating in capital investment in constructing waterworks projects must pay for the use of waterworks products and services when using them from those projects.
Chapter VI
PROTECTION AND SAFETY OF WATERWORKS PROJECTS
Article 40. Protection Zones for Waterworks Projects
1. The protection zone for waterworks projects includes the project itself and the adjacent areas.
2. Within the protection zone, activities must ensure they do not obstruct the operation and safety of the project; there must be a managed, surface area for maintenance and handling when the project experiences incidents.
3. The adjacent area of a reservoir includes the adjacent area of the dam and the adjacent area of the reservoir basin, defined as follows:
a) The adjacent area of the damhaving complex characteristics within the province;extends from the base of the dam outward. For special-class dams, it is at least 300 meters; for Class I dams, it is at least 200 meters; for Class II dams, it is at least 100 meters; for Class III dams, it is at least 50 meters; for Class IV dams, it is at least 20 meters;
b) The adjacent area of the reservoir basinhaving complex characteristics within the province;extends from the contour line at the elevation of the top of the dam downward towards the reservoir basin.
4. The adjacent area of a canal is defined as follows:
a) For canals with flow rates from02 m3/sto 10 m3/s, the protection zone extends from the outer edge of the canal bank outward from 02 m to03 m for earthen canals, and from01 m to02 m for reinforced canals;
b) For canals with flow rates greater than 10 m3/s, the protection zone extends from the outer edge of the canal bank outward from03 m to05 m for earthen canals, and from02 m to03 m for reinforced canals.
5. The adjacent area of a river culvert is calculated from the last cast portion outward by 50 meters on each side.
6. When adjusting the scale or purpose of use of a waterworks project,, the adjacent area must be adjusted accordinglyin accordance with the provisions of this Article; the competent authority approving the protection plan for the waterworks project shall approve the adjustment of the adjacent area protection zone.
7. The People's Committee of the province shall specify in detail the adjacent area for other waterworks projects within its jurisdiction.
Article 41. Plan for Protecting Waterworks Projects
1. Organizations and individuals exploiting waterworks projects shall be responsible for establishing plans for protecting waterworks projects.
2. The plan for protecting waterworks projects shall include the following main contents:
a) Topographical features, design parameters, layout diagrams of the project site, and boundary markers delineating the scope of protection for the waterworks project;
b) Management, exploitation, and protection conditions of the waterworks project;
c) Reporting and regular, periodic, and emergency inspection regimes;
d) Regulations on limiting or prohibiting large-load transportation vehicles from circulating within the protected area; fire prevention and firefighting regulations; and security measures for storing documents, warehouses containing explosive materials, flammable substances, and hazardous chemicals;incorporatingwithin the protected area of the works; fire prevention and firefighting regulations; safety measures for storing documents, warehouses storing explosive materials, flammable substances, and harmful chemicals;
e) Organizing forces and assigning responsibilities for protecting the project;
f) Inspecting and controlling people and means entering the project;,into the works;
g) Preventing, detecting, and stopping acts of infringement and destruction of the project and its surrounding areas;issuedworks;
h) Protecting and handling situations when the project experiences accidents or has a risk of accidents.
3. Approval authority for the plan to protect waterworks projects is defined as follows:
a)a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Agriculture and Rural Development shall approve plans for protecting waterworks projects under its management;
b)DEPARTMENT OF PLANNING AND INVESTMENTProvincial People's Committees shall approve or delegate approval authority toDEPARTMENT OF PLANNING AND INVESTMENTDistrict People's Committees to approve plans for protecting waterworks projects within their jurisdiction, except for projects specified in point a of this clause and Clause 4 of this Article;.
4. Organizations and individuals exploiting small water conservancy works shall decide on the protection plan for such works.
Article 42. Responsibilities for Protecting Waterworks Projects
1. Organizations and individuals upon discovering actions or natural impacts causing damage or threatening the safety of the project must immediately report to the organizations and individuals exploitingthe waterworks project orthe People's Committee of the nearest localityorganizations and individuals exploiting the.
2. Twaterworks project have the following responsibilities:a) Implementing the plan for protecting the waterworks project;
b) Regularly inspecting and monitoring the condition of the project;
c) Detecting and promptly taking measures to stop and recommending legal action against violations within the protected area of the waterworks project;
d) Supervising the implementation of the contents stipulated in permits issued to organizations and individuals operating within the protected area of the waterworks project;
e) In case of accidents or potential accidents, they must implement remedial measures and simultaneously report to the provincial People's Committee and the Ministry of Agriculture and Rural Development;
d) In case of accidents or potential accidents occurring at the works, measures must be taken to address them, and reports must be submitted to the People's Committee of the province and the Ministry of Agriculture and Rural Development;
f) Managing reserve materials specifically for disaster prevention and mitigation work;
g) Mobilizing organizations and individuals to participate in protectingthe waterworks project.
3. Local People's Committees at all levels have the following responsibilities:
a) Directing and organizing the implementation of plans for protecting waterworks projects within their jurisdiction according to their authority;
b) Mobilizing forces, materials, and means to protect waterworks projects when accidents occur or there is a risk of accidents;
c) Promptly preventing and dealing with violations of waterworks laws within the protected area of the waterworks project and managing the safety of waterworks projects within their jurisdiction;
d) Inspecting and auditing the implementation of laws related to protecting waterworks projects.
4. The Ministry of Agriculture and Rural Development shall be responsible for directing and coordinating with provincial People's Committees to implement plans for protecting waterworks projects under its management.
5. The organization and implementation of plans for protecting important waterworks projects related to national security shall be carried out in accordance with this Law and laws concerning the protection of important facilities related to national security.
Article 43. Setting Boundary Markers for the Protection Zone of Irrigation Works
1. The project investor shall be responsible for setting boundary markers for the protection zone of newly constructed irrigation works. The cost of setting markers shall be included in the total investment amount of the irrigation work.construction,water conservancy works.
2. Organizations and individuals operating irrigation works shall be responsible for setting boundary markers for the protection zone of the irrigation works they operate. The cost of setting markers shall be sourced from financial resources within management and operation, and other lawful sources.
3. a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Agriculture and Rural Development shall specify this provision.
Article 44. Activities within the Protection Zone of Irrigation Works Require a Permit
1. Within the protection zone of irrigation works, the following activities must have a permit issued by the competent state agency:
a) Constructing new works;
b) Establishing docks, material storage areas;
c) Drilling, excavation for geological surveys; exploration, extraction of minerals, construction materials, underground water;
d) Discharging wastewater into irrigation works, except for small-scale discharges that do not contain toxic substances or radioactive materials;
đ) Planting perennial crops;
e) Tourism, sports, scientific research, business, service activities;
g) Operation of inland waterway vessels, motorized vehicles,, excluding motorcycles, motorbikes, simple inland waterway vessels;
h) Aquaculture;
i) Blasting and other explosive activities;
k) Constructing underground works.
2. The Ministry of Agriculture and Rural Development and the People's Committee of the province shall implement the issuance of permits for activities within the protection zone of irrigation works.issue permits for activities within the protected area of water conservancy works.
3. The Government shall stipulate the authority, procedures, and formalities for issuing, reissuing, extending, amending, suspending, and revoking permits as prescribed in this Article.
Article 45. Safety of Dams and Reservoirs in Management and Operation
1. Ensuring safety is the highest priority in management and operation.For the Poverty Reduction Decentralization Programmefor the damrefers to the implementation of design, construction, management, and exploitation measures to ensure safety for dams, water reservoirs, related works, and safety for people and property downstream of the dam.is the highest priority in management and exploitation.
2. Organizations and individuals operating dams and reservoirs must meet the capacity requirements under the law and have the following responsibilities:
a) Operating dams and reservoirs to ensure safety and maximize the effectiveness of the works;
b) Registering dam safety declarations, reservoir safety declarations; organizingand adjusting the operation procedures of reservoirs, inter-reservoir operation procedures;monitoring meteorological and hydrological conditions, inspecting current status, testing; evaluating dam safety,reservoir safety; maintaining, repairing, upgrading, modernizing dams; protecting and ensuring the safety of the works, downstream areas of dams and reservoirs; storing records according to the provisions of the law;; maintenance, repair, upgrading, modernization of dams; protection and ensuring the safety of works, downstream areas, and reservoirs; storage of records as prescribed by law;
c) For dams and reservoirs with sluice gates, they must base on meteorological and hydrological forecasts to proactively regulate flood discharge to ensure safetyFor the Poverty Reduction Decentralization Programmefor the dam and downstream areasfor the dam; before the first operation of opening sluices to release water, they must notify and provide information according to the approved reservoir operation procedures and inter-reservoir operation procedures by the competent state agency;, must provide notifications and information according to the approved operation procedures for reservoirs and inter-reservoir operation procedures by competent state authorities;
d) In emergency situations where operations cannot be carried out according to the reservoir operation procedures and inter-reservoir operation procedures, they must immediately report todisaster prevention and control agenciesand the competent state agency approving the reservoir operation procedures and inter-reservoir operation procedures;
đ) When there is a risk of dam failure, they must urgently rescue the dam while reporting to the competent state agency and disaster prevention and control agency, relevant agencies and units for timely support and rescue and response guidance;
e) Before the annual rainy season, they must organize an assessment of the current status of the dam and report to the dam manager.
3. The dam and reservoir managers have the following responsibilities:
3. The dam manager has the following responsibilities:a) Supervising, inspecting, urging organizations and individuals operating dams and reservoirs to comply with regulations on dam safety management as stipulated in point b, Clause 2 of this Article and other related laws;in accordance with relevant laws;
b) Summarizing and reporting to the People's Committee of the province where the dam is located and the Ministry of Agriculture and Rural Development the results of the current status assessment of the dam by the organization or individual managing, operating the dam;
c) Proposing the dam owner to ensure funding for dam safety;, reservoir safety declarations;
d) Decide on the mobilization of forces, materials, and equipment to mitigate the consequences of dam and reservoir accidents, within their authority or refer to competent state authorities for decision-making;
d) Deciding on mobilization of forces, materials, equipment, and remediation of dam and reservoir accidents within their authority or submitting to the competent state agency for decision.
a) Conduct regular, spot, and periodic inspections and certifications;for4. The dam owner has the following responsibilities:
a) Regularly, spot-checking, and periodically inspecting and testing dams and reservoirs in accordance with the law;For the Poverty Reduction Decentralization Programmeb) Ensuring funding for dam and reservoir safety.
5. Annually before the rainy season, the Ministry of Agriculture and Rural Development and the People's Committee of the province organize safety assessments of dams and reservoirs; determine the water storage plans for reservoirs;foreign5. Before the annual rainy season, the Ministry of Agriculture and Rural Development and the People's Committee of the province shall organize a safety assessment of dams and reservoirs; decide on water storage plans
6. The Government shall provide detailed regulations for this Article.
Article 46. Protection of Water Quality in Irrigation Works
1. Organizations and individuals have the responsibility to protect water quality in irrigation works.
2. Organizations and individuals providing irrigation products and services directly protect water quality in irrigation works and control the discharge of wastewater into irrigation works.
3. Organizations and individuals using irrigation products and services have the responsibility to protect water quality during the process of using water.
Article 47. Changing the Purpose of Use of Irrigation Works
1. The change in the purpose of use of existing irrigation works must be approved by the agency that approved the investment project for construction of the work and must comply with the approved irrigation planning.
2. The approving authority for changing the purpose of use of irrigation works decides on measures to ensure harmony of interests of all parties affected by the change in the purpose of use of irrigation works.
3. The investor of the project causing the change in the purpose of use of irrigation works has the responsibility to compensate organizations and individuals who suffer losses due to the change in the purpose of use of irrigation works.
Article 48. Handling Existing Structures within the Scope of Protection of Irrigation Works
1. Existing structures within the scope of protection of irrigation works that do not affect the safety and service capacity of the irrigation works may continue to be used but shall not be expanded in scale or changed in structure.
2. Existing structures within the scope of protection of irrigation works that affect the safety and service capacity of the irrigation works must implement remedial measures; if they cannot be remedied, they must be demolished or relocated.
3. The People's Committee of the province directs the People's Committees of the district and commune and organizations and individuals operating irrigation works to develop plans and implement the demolition or relocation of structures specified in Clause 2 of this Article.
Chapter VII
SMALL IRRIGATION AND INTRA-VILLAGE IRRIGATION
Article 49. Requirements for Developing Small Irrigation and Intra-Village Irrigation
1. "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:1. Be consistent with the approved irrigation planning and related plans.
2. Ensure small irrigation infrastructure and intra-village irrigation meet advanced and modern technical requirements for irrigation and drainage, serving diverse agricultural water needs; actively drain water for production and daily life.3. Apply advanced technologies and solutions to save water and prevent water loss in investment, construction, management, and operation.4. Organizations and individuals using irrigation products and services have the responsibility to develop small irrigation and intra-village irrigation.
Article 50. Management and Operation of Small Irrigation and Intra-Village Irrigation Works
1. Basic irrigation organizations manage and operate small irrigation and intra-village irrigation works, including the following types:
b) Cooperative groups.
2. Basic irrigation organizations specified in Clause 1 of this Article are established and operate in accordance with the laws on cooperatives, statutes, and regulations adopted by the majority of members of the organization and confirmed by the People's Committee of the commune.
a) Cooperative;
3. Basic irrigation organizations directly manage and operate or select organizations and individuals to manage and operate small irrigation and intra-village irrigation works.
4. When basic irrigation organizations have sufficient capacity, they establish a joint association of basic irrigation organizations to take over the management of the water conveyance system connected to the intra-village irrigation system.For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;5. For localities that have not yet established basic irrigation organizations as specified in Clause 1 of this Article, the People's Committee of the commune performs the tasks of basic irrigation organizations.People's Committee of the communeconfirmed; all users of water conservancy products and services are members of the grassroots water conservancy organization.
3. Grassroots water conservancy organizations directly manage and exploit or select organizations and individuals to manage and exploit small water conservancy works and intra-field water conservancy works.
4. When grassroots water conservancy organizations have sufficient capacity, they shall establish associations of grassroots water conservancy organizations to take over the management of water conveyance systems connected to intra-field water conservancy systems.
5. For localities that have not established grassroots water conservancy organizations as stipulated in Clause 1 of this Article, the People's Committee of the commune shall perform the tasks of grassroots water conservancy organizations.
6. a) Within thirty days from the date of approval of water resources planning and adjustment plans, the Ministry of Agriculture and Rural Development shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in points a and b of Clause 2 of this Article; Provincial People's Committees shall publicly announce the contents of the water resources planning and adjustment plans as prescribed in point c of Clause 2 of this Article.The Ministry of Agriculture and Rural Development shall specify this provision.
Article 51. Funding for small-scale irrigation and field-level irrigation activities
1. Funding for small-scale irrigation and field-level irrigation activities includes:
a) Contributions from organizations and individuals using irrigation products and services;
b) State support;
c)TOther organizations and individuals invest.
2. The State support funding as provided for in point b, Clause 1 of this Article shall be implemented through basic irrigation organizations..
3. Members of basic irrigation organizations shall agree on the amount of contribution to the basic irrigation organization based on majority principle, ensuring accurate and full payment.
4. The Government shall stipulate the support for developing small-scale irrigation and field-level irrigation.
Article 52. Transfer and Recovery of Management and Exploitation Rights of Small-Scale Irrigation and Field-Level Irrigation Works Financed with State Capital
1. The transfer and recovery of management and exploitation rights of small-scale irrigation and field-level irrigation works financed with state capital shall be decided by the owner of the work, ensuring compliance with legal regulations on the management and use of public assets.
2. Basic irrigation organizations receiving the transfer of management and exploitation rights of small-scale irrigation and field-level irrigation works financed with state capital shall perform their rights and obligations according to the decision of the owner of the work or under a contract with the competent state agency.
3. Priority shall be given to transferring management and exploitation rights of small-scale irrigation and field-level irrigation works financed with state capital to basic irrigation organizations.
Chapter VIII
RIGHTS AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN IRRIGATION ACTIVITIES
Article 53. Rights and Responsibilities of Organizations and Individuals in Irrigation Activities
1. Using irrigation products and services in accordance with the provisions of this Law and other relevant laws.
2. Participating in opinions on irrigation activities in accordance with the law.
3. Investing in construction, management, exploitation, and protection of irrigation works.
4. Participating in supervising the activities of agencies, organizations, and individuals in irrigation activities.
5. Participating in information, communication, education programs to enhance knowledge of irrigation-related laws.
6. Participating in handling emergencies of irrigation works when natural disasters occur pursuant to mobilization decisions.to relevant state authoritiesthe unit
7. Protecting water quality in irrigation works.
Article 54. Rights and Responsibilities of Organizations and Individuals Exploiting Irrigation Works
1. Having rights and responsibilities as prescribed in Article 53 of this Law.
2. Utilizing assigned resources to expand the capacity to provide irrigation products and services in accordance with the law; being entitled to collect fees for providing irrigation products and services according to contracts.
3. Being autonomous over profits from providing other irrigation products and services after fulfilling tax obligations to the State.
4. Developing and implementing business production plans and irrigation product and service supply plans. Supply plans must seek opinions and notify organizations and individuals using the products and services.
5. Implementing management and exploitation of irrigation works as prescribed in Article 20 of this Law.
6. Managing and using land within the scope of protection of irrigation works in accordance with the law.
7. Operating the worksirrigationin accordance with design tasks and operation procedures approved bystateauthorities
with jurisdiction.8. Protecting irrigation works; preventing and combating acts of infringement or destruction of irrigation.
works.
9. Exploiting water in irrigation works.10. Submitting and organizing the implementation of disaster response plans,works protection plans in accordance with this Law.
11. Proposing People's Committees at all levels where there are irrigation works to take necessary measures toprotect,ensure safety of works when they are infringed upon or there is a risk of accidents.
12. Proposing the owner to allocate maintenance funds,investmentupgrade, construct new, modernize, and handle and remedy accidents of irrigation works in accordance with this Law andother regulations ofrelevant laws.
.
13. Proposing competent state agencies or initiating lawsuits to resolve disputes where organizations and individuals fail to pay for irrigation products and services and resolve contract disputes.
14. Guiding, consolidating, and developing basic irrigation organizations; organizing users of irrigation products and services to participate in building management and exploitation plans and protection plans for works.15. Supporting users of irrigation products and services to shiftto growing high-value crops and using advanced water-saving technologies.
16. Unilaterally suspending the provision of irrigation products and services when the work does not ensure safety or the water sourceinthe work does not meet requirements; users of irrigation products and services fail to pay for the use of such products and services, violate other terms of the contract, or pursuant to a decision of a competent state agency.
17. Filing complaints, initiating lawsuits, and seeking compensation for damages in accordance with the law.
Article 55. Rights and responsibilities of organizations and individuals using water resources and irrigation services
1. Have rights and responsibilities as prescribed in Article 53 of this Law.
2. Enter into contracts for irrigation services and perform the terms and conditions agreed upon in the contract; use water economically, safely, and effectively.
3. Request organizations and individuals managing and operating public irrigation works to publicly disclose plans for supplying irrigation products and services.
4. Participate in developing exploitation plans and protection schemes for irrigation works.
5. Participate in protecting works and ensuring water quality during the use of irrigation products and services.
6. Participate in rescue and remediation activities when irrigation works suffer accidents according to decisions of competent authorities.
7. Remediate consequences at the request of organizations and individuals providing irrigation products and services when accidents occur to works or cause pollution of water sources.
8. File complaints, initiate lawsuits, and compensate for damages in accordance with the law.
Chapter IX
STATE MANAGEMENT RESPONSIBILITIES FOR IRRIGATION
Article 56. Responsibilities of the Government, Ministries, and Equivalent Agencies
1. The Government exercises unified state management over irrigation throughout the country.
2. The Ministry of Agriculture and Rural Developmentis the lead agency assistingthe Government in implementing state management over irrigation and has the following responsibilities:
a) Issuing or submitting for issuance by authorized bodies regulations, strategies, plans, policies, and normative legal documents on irrigation;to relevant state authoritiesb) Establishing national standards,1. Inspectionissuing
national technical regulations, economic and technical norms in irrigation activities; organizing the construction, approval of operation procedures for irrigation works under its jurisdiction;c) Directing the regulation and distribution of water and organizing the implementation of plans for water use in irrigation systems serving daily life, agricultural production, and other economic sectors; leading and coordinating with the Ministry of Industry and Tradeto regulate water in hydropower reservoirs for irrigation purposes during droughts, water shortages, and salinity intrusion;
d) Participating in opinions on national sectoral strategies, planning related to irrigation activities;Te) Directing, guiding, and inspecting the implementation of prevention, control, and remediation of droughts, water shortages, salinity intrusion, desertification, floods, inundations, waterlogging;
f) Organizing meteorological and hydrological monitoring,
forecasting, and warning about droughts, water shortages, salinity intrusion, desertification, floods, inundations, waterlogging, sedimentation, erosion of irrigation works, riverbanks, coastlines; quantity and quality of water related to irrigation works serving agricultural production, daily life, and other economic sectors;
g) Issuing, reissuing, extending, amending, suspending, revoking permits for activities within the protected areas of irrigation works;h) Managing maintenance, upgrading,new construction,
modernization of irrigation works;
i) Organizing management, operation, and protection of irrigation works within its authority; managing dam and reservoir safety;j) Organizing statistics, building, and managing databases on irrigation; forecasting short-term, medium-term, and long-term water resources for irrigation activities and other water needs;investmentk) Organizing inventory of water resources in irrigation works, combining with drought forecasts to develop plans for water storage, regulation, distribution, and utilization;l) Organizing scientific research and application of advanced technology in irrigation; training and professional development for those involved in irrigation activities;
m) Managing and allocating financial support for the use of public irrigation products and services for
organizations and individuals
operating irrigation works
by
n) Organizing information dissemination, communication, and education to raise community awareness about irrigation;o) Inspecting, supervising, handling violations of the lawresolving complaints and denunciations regarding irrigation;p) Serving as the focal point for international cooperation in irrigation activities.MinistryTHE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE HEADS OF THE DEPARTMENTS, THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION, THE CHIEF EXECUTIVE OFFICER OF THE VIETNAM AIRPORTS CORPORATION - CPTP, AND THE HEADS OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS CONCERNED ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./.;
3. Ministries and equivalent agencies within their respective duties and powers have the responsibility to coordinate with the Ministry of Agriculture and Rural Development in implementing state management over irrigation.
p) Inspect, investigate, and handle violations of the law, regarding complaints and denunciations related to water conservancy;
r) The focal point for international cooperation in water conservancy activities.
3. Ministries and ministerial-level agencies within their respective functions and powers shall cooperate with the Ministry of Agriculture and Rural Development in managing water conservancy affairs.
Article 57. Responsibilities of People's Committees at all levels
1. The People's Committee of the provincewithin the scope of their tasks and powersshall have the following responsibilities:
a) Issuing regulations or submitting to competent authorities for issuance of legal normative documents on water works;stateb) Organizing the preparation, approval, publication, and implementation of water works plans; approving and organizing the implementation of investment plans and projects for construction of water works facilities;
c) Organizing management, exploitation, and protection of water works facilities;
d) Ensuring funding for construction, management, exploitation, and protection of water works facilities;
đ) Managing and allocating financial support for the use of products and public services of water works for organizations and individuals exploiting water works facilities in localities;
e) Organizing statistics, building, and managing databases on water works; forecasting water resources for water works activities and other water needs; inventorying water resources in water works facilities, combining with drought, water shortage, and saline intrusion forecasts to develop plans for water resource regulation and distribution to ensure essential water needs for daily life and agricultural production in the province;p) Serving as the focal point for international cooperation in irrigation activities.g) Organizing the dissemination and education of laws on water works;THE HEAD OF THE MINISTRY’S OFFICE, THE HEAD OF THE MINISTRY’S INSPECTION DEPARTMENT, THE HEADS OF THE DEPARTMENTS, THE DIRECTOR OF THE VIETNAM CIVIL AVIATION ADMINISTRATION, THE CHIEF EXECUTIVE OFFICER OF THE VIETNAM AIRPORTS CORPORATION - CPTP, AND THE HEADS OF THE AUTHORITIES, ORGANIZATIONS, AND INDIVIDUALS CONCERNED ARE RESPONSIBLE FOR IMPLEMENTING THIS CIRCULAR./.;
h) Issuing, reissuing, extending, amending, suspending, and revoking permits for activities within the protected areas of water works facilities;
i) Inspecting, checking, and handling violations of laws
k) Annually
reporting to the Ministry of Agriculture and Rural Development on water works activities;, regarding complaints and denunciations related to water conservancy;
2. People's Committee of the district, a) Implementing legal normative documents on water works;
b) Implementing planning and development plans for water works;within the scope of their tasks and powersshall have the following responsibilities:
c) Directing the activities of organizations and individuals managing, exploiting, and protecting water works facilities;
d) Organizing statistics, building, and managing databases on water works;
đ) Organizing the dissemination and education of laws on water works;
e) Directing functional agencies to coordinate in inspecting the implementation of permit contents
for activities
within the protected areas of water works facilities;g) Reporting periodically and urgently on water works activities in the locality;h) Inspecting, checking, and handling violations of laws
resolving complaints and denunciations regarding water works.
3. People's Committee of the commune, a) Implementing water works development according to approved plans;
b) Implementing the tasks of grassroots water works organizations when such organizations have not been established;within the scope of their tasks and powersshall have the following responsibilities:
c) Mobilizing local resources to organize the handling of incidents involving water works facilities in accordance with the law;
d) Coordinating with specialized agencies of the People's Committee of the district to direct the activities of organizations and individuals managing, exploiting, and protecting water works facilities in the locality;
đ) Disseminating and educating laws on water works;
e) Checking the implementation of permit contents
h) Checking, resolving complaints and denunciations, preventing, and handling violations of laws on water works."5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Article 58. Amendment and supplementation
Clause 1 of Article 73 of the Law on Water Resourcesg) Reporting periodically and urgently on water works activities in the locality;h) Inspecting, checking, and handling violations of laws
resolving complaints and denunciations regarding water works.
No. 17/2012/QH13
Chapter X
IMPLEMENTING PROVISIONS
Amending and supplementing Clause 1 of Article 73 of the Law on Water Resources No. 17/2012/QH13 as follows:
"1. The Ministry of Natural Resources and Environment and the People's Committee of the province shall implement the issuance, reissuance, extension, amendment, suspension, and revocation of water resource permits, except for discharging wastewater into water works facilities which shall be carried out in accordance with the Law on Water Works."No. 17/2012/QH13Amend and supplement Clause 1 of Article 73 of the Law on Water Resources No. 17/2012/QH13 as follows:
“1. The Ministry of Natural Resources and Environment and the People's Committees of the provinces shall implement the issuance, reissuance, extension, adjustment, suspension, and revocation of water resource permits, except for discharging wastewater into water conservancy works, which shall be carried out in accordance with the Water Conservancy Law.”.
Article 59. Effective Date
1. This Law shall take effectfrom July 1, 2018.2. The Ordinance on Exploitation and
Protection of Irrigation Works No. 32/2001/PL-UBTVQH10 shall cease to be effectiveầufrom the date this Law takes effect.from July 1, 2018.Article 60. Transitional Provisions
Licenses in the field of irrigation that have been issued before the effective date of this Law and whose validity period has not expired shall
continue to be used until their expiration date.shall be entitled to be grantedThis Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the fourteenth session, at its third meeting on
June 6., adopted at the third session on19 monthg 6of 2017.
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