Decree No. 112/2008/ND-CP On Management, Protection, and Comprehensive Exploitation of Resources and Environment of Reservoirs for Hydroelectric and Irrigation Purposes

DECREE

On the management, protection, and comprehensive exploitation of resources and environment of reservoirs for hydropower and irrigation purposes

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GOVERNMENT

Based on the Law on Government Organization dated December 25, 2001;

Based on the Law on Water Resources dated May 20, 1998;

Based on the Land Law dated November 26, 2003;

Based on the Environmental Protection Law dated November 29, 2005;

Based on the Electricity Law dated December 14, 2004;

Based on the Ordinance on Exploitation and Protection of Irrigation Works dated April 4, 2001;

Considering the proposal of the Minister of Natural Resources and Environment,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the management, protection, and comprehensive exploitation of resources and environment of reservoirs for hydropower and irrigation purposes (hereinafter referred to as reservoirs).

Article 2. Applicability

This Decree applies to organizations and individuals within the country and foreign organizations and individuals (hereinafter referred to as organizations and individuals) involved in activities related to the management, protection, exploitation, and utilization of resources and environment of reservoirs.

3. Definitions

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

1. “Reservoir protection zone"is the area from the boundary line at the highest water level corresponding to the design flood with consideration of the water level rise (for national key reservoirs) or at the top of the dam (for other reservoirs) to the boundary line of the reservoir basin."

2. “Reservoir basin"is the area from the boundary line of the reservoir basin downwards towards the reservoir."

3. “Reservoir system"is a system consisting of multiple reservoirs on a river or a related river system for the exploitation and utilization of water resources; regulation of river flow; prevention and mitigation of water-related hazards and environmental protection in the river basin."

4. “Cascade of reservoirs"is a system of reservoirs on a river arranged in a cascade along the main stream or tributaries."

5. “Minimum flow"is the lowest flow necessary to maintain the river or section of the river, ensuring the normal development of aquatic ecosystems and meeting the minimum requirements for the exploitation and utilization of water resources by water users according to the priority sequence determined in the river basin plan."

Article 4. Principles of Management, Protection, and Comprehensive Exploitation of Resources and Environment of Reservoirs

1. The construction of reservoirs must comply with the approved river basin plan by competent state authorities.

2. Resources and environment of reservoirs must be exploited and utilized comprehensively, economically, and efficiently without being divided according to administrative boundaries. Protection of resources and environment of reservoirs must be based on strengthening state management, institutional and legal frameworks, and propaganda, education to enhance the sense of responsibility of the people and communities in the reservoir areas.

3. The exploitation and utilization of resources and environment of reservoirs must ensure the safety of reservoirs, minimum flow, not affect the objectives and tasks of the reservoirs already approved by competent authorities, and meet the requirements for preventing degradation, depletion, pollution of water sources, and prevention and mitigation of water-related hazards in the reservoir basin and downstream of the reservoir.

4. Planning, construction of works, implementation of production and service activities in the reservoir protection zone and reservoir basin must not cause significant changes to the flow regime, be compatible with the carrying capacity and self-cleaning ability of the reservoir, and must have the approval of competent state authorities.

Article 5. Prohibited acts within the protective zone of the reservoir and the lake bed area

1. Activities causing water pollution, degradation of water resources and the environment, altering the landscape, and damaging the scenic beauty of the reservoir.

2. Destroying or damaging related structures of the reservoir, harming the water resources, failing to ensure safety and sustainability of the reservoir.

3. Encroaching upon, constructing new structures and houses not in accordance with planning; dumping soil, gravel, sand, solid waste, and non-compliant wastewater into the reservoir.

4. Exploiting rare aquatic species at risk of extinction residing in the reservoir area; cultivating unknown exotic plants and animals, seriously harming the ecosystem of the reservoir area.

Chapter II

PROTECTION, EXPLOITATION, USE OF RESOURCES AND ENVIRONMENT IN THE RESERVOIR

Article 6. Establishing the protective zone of the reservoir

The dam owner shall be responsible for:

1. Leading and coordinating with the Department of Natural Resources and Environment, the People's Committee of the district where the reservoir is located, and the People's Committee of the commune where the reservoir is located to develop a plan for setting boundary markers to define the protective zone of the reservoir, to be submitted for approval by the People's Committee of the province where the reservoir is located.

2. Leading and coordinating with the People's Committee of the district and the People's Committee of the commune where the reservoir is located to implement the setting of boundary markers on-site after the plan for setting boundary markers defining the protective zone of the reservoir has been approved.

3. Handing over the boundary markers to the People's Committee of the commune where the reservoir is located for management and protection; for newly constructed reservoirs, the determination and handover of boundary markers must be completed before the official operation of the reservoir; for operational reservoirs, the determination and handover of boundary markers must be completed within one year from the date this Decree takes effect.

4. In cases where the protective zone of the reservoir and the lake bed area are encroached upon, occupied, or used illegally, timely reports must be made and cooperation with local authorities must be sought to handle the situation according to regulations.

Article 7. Exploitation of land resources within the protective zone of the reservoir and the lake bed area

1. Land resource exploitation must follow detailed land use plans and detailed land use plans that have been approved by competent authorities.

2. Detailed land use plans and detailed land use plans must ensure effective land use, utilization of other resources, and environmental protection, without adversely affecting the operation of the reservoir.

3. Detailed land use plans must clearly indicate the area of land converted for forest development, the area of land to be reclaimed to return to the lake bed, the area of land for short-term crop cultivation and seasonal aquaculture, which do not affect water storage in the reservoir, do not cause environmental pollution, and comply with the plan for adjusting the structure of crops and livestock and the regulations on aquaculture.

4. Detailed land use plans and detailed land use plans must seek opinions from the communities of communes adjacent to the reservoir and the dam owner, ensuring transparency, fairness, and public participation.

5. Detailed land use plans and detailed land use plans, once approved by competent authorities, must be publicly posted at the offices of all levels of People's Committees where the reservoir project is located within thirty days for public knowledge and implementation.

Article 8. Exploitation and use of resources and environment of the reservoir

1. The exploitation and use of resources and the environment within the protected zone and the reservoir area must be based on planning and plans approved by competent authorities, ensuring that they do not affect the tasks of the reservoir; complying with technical regulations of relevant sectors and fields and regulations on landscape and environmental protection; not affecting the technical characteristics of the reservoir, not significantly hindering the flow to the reservoir.

2. The People's Committee of the district and the People's Committee of the commune where the reservoir is located shall be responsible for inspecting and supervising the use and exploitation of resources and the environment according to the approved planning and plans.

3. Depending on the degree of impact on safety and the fulfillment of the tasks of the reservoir, construction works within the protected zone of the reservoir must be dismantled, relocated, or considered for continued use, but must comply with technical requirements, obtain written consent from the dam owner, and be permitted by the competent authority as prescribed by law.

4. The following activities within the protected zone of the reservoir and the reservoir area (except for the provisions stipulated in Clause 5 of this Article) may only be carried out with the written consent of the dam owner and a permit from the competent authority as prescribed by law:

a) Construction of new works;

b) Discharging wastewater into the water source of the reservoir;

c) Exploitation and use of water resources of the reservoir;

d) Drilling, excavation for geological investigation, exploration, construction of underground water extraction works, drilling, excavation for mineral exploration and extraction; drilling, excavation for construction material exploration and extraction;

đ) Planting perennial crops;

e) Tourism, sports, scientific research, business, service activities;

g) Activities of motor vehicles (excluding two-wheeled motorcycles, three-wheeled motorcycles, motorbikes, and motor vehicles for disabled persons);

h) Construction of warehouses, storage areas; cargo handling ports and passenger terminals; accumulation of raw materials, fuels, materials, supplies, means of transport;

i) Construction of livestock sheds and aquaculture facilities;

k) Dumping and filling waste and refuse;

l) Blasting and other non-harmful explosive activities;

m) Construction of underground works, including: oil pipelines, power cables, communication cables, water supply and drainage pipelines.

5. The following activities are prohibited in the reservoir area:

a) Construction of residential houses and residential areas;

b) Construction of livestock sheds and fish farming embankments;

c) Dumping and filling waste and refuse;

d) Blasting and harmful explosive activities.

Article 9. Regulation of Reservoir Water

1. The operation procedures of the reservoir must be established and submitted to the competent authority for approval before water storage in the reservoir, fully meeting the tasks of the reservoir in priority order, ensuring the safety of the works, downstream safety of the reservoir, comprehensive exploitation of reservoir resources and environment, maintaining minimum flow downstream of the reservoir, not causing significant changes to the downstream flow regime of the reservoir, and taking into account climate change factors; consistent with the inter-reservoir operation procedures in the river basin (if applicable) approved by the competent state agency.

2. The dam owner is responsible for implementing monitoring, collecting information and data on meteorology and hydrology at their own expense to serve the requirements of protecting and managing the operation and exploitation of the reservoir, in accordance with the guidance of the state management agency on natural resources and the environment, and submitting annual reports on implementation results to the specialized ministry and the provincial People's Committee related to the reservoir.

3. Annually, the dam owner is responsible for establishing a water regulation plan for the reservoir and organizing the announcement of the water regulation plan to the People's Committees at all levels where the reservoir is located and downstream areas to minimize adverse impacts on production, people's livelihoods, and the environment.

4. The water regulation plan for the reservoir is established based on the operation procedures of the reservoir approved by the competent state agency, the requirement to maintain minimum flow, forecasts of flow changes during the year by meteorological and hydrological agencies, and the water needs of various sectors, localities, and economic organizations.

5. In case the relevant agencies, organizations, and localities do not agree with the water regulation plan for the reservoir, they may propose to the dam owner and the competent state agencies to review and decide on the water regulation plan for the reservoir.

Article 10. Financial Obligations for Exploitation and Use of Resources and Environmental Reservoirs

1. Organizations and individuals exploiting and using water from reservoirs for power generation, domestic water supply, industrial production, small-scale industry, and other water-related production and service activities must pay water usage fees and resource taxes as prescribed by law.

2. Organizations and individuals exploiting and using land resources and other resources in the reservoir basin; discharging wastewater and waste into reservoirs must fulfill financial obligations as prescribed by law.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT, PROTECTION, EXPLOITATION AND USE OF RESOURCES AND ENVIRONMENT IN RESERVOIRS

Article 11. Responsibilities of the Government, Ministries, Sectors, and Localities

1. The Government shall uniformly manage resources and the environment of reservoirs throughout the country.

2. The Prime Minister shall direct the regulation of water among interconnected reservoirs for national-level reservoirs when droughts, water shortages, severe water pollution, or other serious environmental accidents occur within river basins.

3. The Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, relevant ministries, sectors, and localities shall be responsible to the Government for state management of resources and the environment of reservoirs according to the Government's classification.

Article 12. Responsibilities of the Ministry of Natural Resources and Environment

1. Proposing to the Government or promulgating by its authority normative legal documents on the management, protection, and comprehensive exploitation of resources and the environment of reservoirs.

2. Leading and coordinating with relevant ministries, sectors, and localities to establish minimum flow regulations downstream of reservoirs and guiding ministries, sectors, and localities in their implementation.

3. Directing the establishment and unified management of data and monitoring systems for large reservoir resources and environments.

4. Compiling and determining water demand of sectors, localities, and economic organizations downstream and supervising the provision of meteorological and hydrological information, data, and forecasts to large reservoirs.

5. Leading and coordinating with the Ministry of Industry and Trade and the Ministry of Agriculture and Rural Development to develop water regulation plans for interconnected reservoirs for national-level reservoirs during severe droughts, water shortages, water pollution, or other serious environmental accidents in river basins. Submitting these plans to the Prime Minister for decision-making.

6. Submitting to the Prime Minister for approval the List of irrigation and hydropower reservoirs on river basins that must establish inter-reservoir operation procedures.

7. Directing and coordinating with relevant ministries, sectors, localities, and project sponsors to develop inter-reservoir operation procedures for identified irrigation and hydropower reservoirs. Submitting these procedures to the Prime Minister for approval or approving them upon delegation.

8. Guiding and directing localities and units to inspect, audit, and handle violations of laws related to the management, protection, and exploitation of resources and the environment of reservoirs.

Article 13. Responsibilities of the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development

1. Issue or submit to competent authorities for issuance legal normative documents to ensure the economical and multi-purpose use of reservoir resources, protect the scenery and environment of reservoirs under their national management.

2. Direct the construction, coordinate with the Ministry of Natural Resources and Environment, relevant ministries, sectors, and localities to assess the operation procedures of reservoirs and inter-reservoirs (if any) under their national management; approve the operation procedures of reservoirs and inter-reservoirs (if any) under their national management within their authority or submit to the Prime Minister for approval in accordance with the law.

3. Direct the development of water regulation plans for reservoirs; direct the regulation of water in reservoirs under their national management in cases of drought, water shortage, serious pollution of water sources, or other serious environmental incidents occurring in river basins.

4. Direct, manage, and issue permits for production and business activities exploiting reservoir resources within their authority.

5. Coordinate with the Ministry of Natural Resources and Environment in building and managing monitoring systems for large reservoir resources and environments.

6. Coordinate with provincial People's Committees where there are reservoirs to inspect the implementation of laws on the management, protection, and comprehensive exploitation of reservoir resources and environments under their national management.

Article 14. Responsibilities of Ministries and Equivalent Ministries

1. The Ministry of Transport shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade to build and implement traffic network planning within reservoir protection zones and lake areas.

2. The Ministry of Construction shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade to build and implement planning for water supply and drainage systems for cities, residential areas, and industrial zones within reservoir protection zones and lake areas.

3. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade to build tourism planning and organize tourism activities within reservoir protection zones and lake areas.

4. Other ministries and sectors shall have the responsibility to coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development, and the Ministry of Industry and Trade within their functions and tasks to manage, protect, exploit, and utilize reservoir resources and environments.

Article 15. Responsibilities of People's Committees at all levels

1. Provincial People's Committee:

a) Shall be primarily responsible for managing and protecting reservoirs; take the lead and coordinate with dam owners and related agencies to develop planning and plans for the use of resources and the environment within reservoir protection zones and lake areas; implement legal regulations on the management, protection, and comprehensive exploitation of reservoir resources and environments in the locality;

b) Direct the construction, coordinate with relevant ministries and sectors to assess the operation procedures of reservoirs under their management; approve the operation procedures of reservoirs under their management within their authority or submit to competent authorities for approval in accordance with the law;

c) Direct the operation of reservoirs under their management in cases of drought, water shortage, serious pollution of water sources, or other serious environmental incidents occurring in the locality;

d) Take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and related agencies to handle violations according to this Decree; resolve disputes; complaints, denunciations, and suggestions regarding reservoir resources and environments in accordance with the law; promote and educate the law on protecting reservoir resources and environments;

đ) Direct the construction and management of monitoring systems for reservoir resources and environments of the locality in accordance with guidelines from the Ministry of Natural Resources and Environment; direct the People's Committee of communes to establish detailed land use plans and detailed land use plans for communes adjacent to reservoirs;

e) Coordinate with relevant ministries and sectors to consider and resolve issues concerning reservoir resources managed by ministries and sectors within the locality.

2. District People's Committee, Commune People's Committee where there are reservoirs:

a) Coordinate with dam owners in developing boundary marking plans to define reservoir protection zones and coordinate with the implementation of boundary marking on-site after the boundary marking plan has been approved;

b) Shall be responsible for any encroachment, occupation, or illegal use of land within the reservoir protection zone and lake area in the locality.

Article 16. Responsibility for reviewing reservoir tasks

Every five years, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development, and the People's Committees of provinces shall be responsible for reviewing and adjusting the tasks of reservoirs under their management authority, deciding on adjustments within their jurisdiction or submitting to competent authorities for decisions on adjusting the tasks of reservoirs as prescribed.

Chapter IV

INSPECTION, AUDIT AND HANDLING OF VIOLATIONS

Article 17. Inspection and Audit

1. Specialized inspection bodies for natural resources and environment shall perform the function of inspecting the protection and comprehensive exploitation of natural resources and the environment of reservoirs.

2. Contents of inspection and audit:

a) Inspecting and auditing compliance with the provisions set forth in this Decree;

b) Identifying, preventing, handling violations within their authority or recommending competent authorities to handle violations related to the protection and comprehensive exploitation of natural resources and the environment of reservoirs;

c) Recommending measures to ensure the enforcement of laws on the protection and comprehensive exploitation of natural resources and the environment of reservoirs.

3. The inspection of activities related to the protection and comprehensive exploitation of natural resources and the environment of reservoirs shall be carried out in accordance with the laws on inspection.

Article 18. Handling Complaints and Allegations

1. Organizations and individuals have the right to complain and report acts of violation of the law in the management, protection, and comprehensive exploitation of natural resources and the environment of reservoirs.

2. The handling of complaints and allegations regarding violations of the law in the management, protection, and comprehensive exploitation of natural resources and the environment of reservoirs shall be carried out in accordance with the laws on complaints and allegations.

Article 19. Handling Violations

1. Organizations and individuals are responsible for promptly identifying, preventing, and recommending the handling of acts of violation of the law in the management, protection, and comprehensive exploitation of natural resources and the environment of reservoirs.

2. Organizations and individuals who lack a sense of responsibility, abuse their positions and powers, cover up violations of the law related to the management, protection, and comprehensive exploitation of natural resources and the environment of reservoirs; destroy or cause the loss of safety of reservoirs, or engage in other violations as prescribed by law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must provide compensation in accordance with the law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 20. Guidance on Implementation

The Ministry of Natural Resources and Environment shall be responsible for organizing, guiding, and supervising the implementation of this Decree.

Article 21. Effective Date

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette. Previous regulations contrary to this Decree are hereby abolished.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.