Decree No. 120/2008/ND-CP on river basin management

DECREE

On river basin management

___________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management of river basins, including: basic environmental surveys, water resources in river basins; river basin planning; protection of water environment in river basins; regulation, allocation of water resources and water transfer among river basins; international cooperation and implementation of international treaties concerning river basins; coordination organizations for river basins; responsibilities for managing river basins.

Article 2. Applicability

1. This Decree applies to agencies, organizations, and individuals engaged in activities related to river basins.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from those of this Decree, such treaties shall be applied.

Article 3. Definitions

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

1. “International river basin” refers to a river basin with one or more international water sources.

2. “Group of river basins” refers to a collection of river basins that are geographically close to each other.

3. “List of river basins” refers to a collection of river basins classified based on criteria such as importance, basin area size, main river length, administrative location, and other bases.

4. “River basin environmental-water resource data directory” refers to a comprehensive database of statistical characteristics of a river basin, including: geographic location, area, total water volume, water quality, exploitation and utilization status, wastewater discharge, economic and social features, environmental characteristics.

5. “Pollution prevention and water source recovery plan” includes contents comprising management measures, investment plans, and schedules for specific activities aimed at ensuring the water quality goals set forth in the water resource protection plan.

6. “Water resource regulation and allocation plan” includes contents comprising management measures, investment plans, and schedules for specific activities aimed at ensuring water resource regulation and allocation according to the determined allocation levels and ratios in the water resource allocation plan to meet the needs of water users.

7. “Minimum flow” refers to the lowest flow necessary to maintain a river or section of a river, ensuring normal development of aquatic ecosystems and providing the minimum level required for water resource exploitation and utilization activities of water users as prioritized in the river basin planning.

Article 4. Principles of river basin management

1. Water resources in river basins must be managed uniformly without division between administrative levels or between upstream and downstream areas; ensuring fairness, rationality, and equality regarding obligations and benefits among organizations and individuals within the same river basin.

2. Ministries, sectors, local authorities at all levels, and organizations and individuals must jointly bear responsibility for protecting the water environment in river basins in accordance with the law; actively cooperate in exploiting water resources and ensuring community interests within the basin.

3. The exploitation and use of water resources and wastewater discharge in river basins must comply with financial obligations as prescribed by law.

4. Closely integrate the exploitation, use, and development of water resources with environmental protection and sustainable exploitation of other natural resources in river basins.

5. Comprehensive and unified management of water quantity and quality, surface water and groundwater, inland water and coastal estuary water, ensuring efficient and multi-purpose use of water resources.

6. Ensure territorial sovereignty, national interests, fairness, rationality, mutual benefits in protecting the environment, exploiting, using, and protecting water resources, and preventing harm caused by water to international water sources in river basins.

7. Reasonably allocate and decentralize state management functions for river basins; gradually socialize water resource protection work in river basins, mobilizing financial contributions from all economic sectors, communities, and securing financial support from countries and international organizations in managing and protecting water resources in river basins.

Article 5. Content of river basin management

1. Construction and guidance of basic environmental investigation work, water resources in river basins, establishment of a list of river basins, construction of databases and directories of environmental-water resource data in river basins.

2. Construction and implementation of river basin planning.

3. Decision on measures to protect water environment, respond to water environmental incidents; prevent, combat, and mitigate adverse effects caused by water in river basins.

4. Regulation, allocation of water resources, maintaining minimum flow in rivers; transferring water between sub-regions within river basins, from one river basin to another.

5. Inspection and supervision of the implementation of river basin planning and handling violations related to river basin management; resolving disputes between localities; between sectors, organizations, and individuals in the exploitation, utilization, and enjoyment of benefits related to the environment and water resources in river basins.

6. International cooperation in river basin management, exploitation, and sustainable development; implementation of international commitments on water resources in river basins that the Socialist Republic of Vietnam has signed or joined.

7. Establishment of river basin coordination organizations.

Article 6. List of River Basins

1. The list of river basins serves as the basis for:

a) Implementation of the contents stipulated in Article 5 of this Decree;

b) Classification of river basin management, determination of responsibilities of ministries, sectors, and localities in managing river basins;

c) Determination of priorities for investment in protecting water resources and sustainable development of river basins.

2. The list of river basins is classified as follows:

a) List of major river basins: including the Red River Basin, Thai Binh River Basin, Bang Giang River Basin, Ky Cung River Basin, Ma River Basin, Ca River Basin, Vu Gia River Basin, Thu Bon River Basin, Ba River Basin, Dong Nai River Basin, Mekong River Basin (Cuu Long River Basin);

b) List of inter-provincial river basins: including river basins with areas spanning two provinces or centrally-administered cities and above;

c) List of intra-provincial river basins: including river basins with areas located within one province or centrally-administered city.

Article 7. Policy on Investment for Sustainable Development of River Basins

1. The State prioritizes capital investment for the management, protection, and sustainable development of river basins, including:

a) Basic environmental investigation work, water resources in river basins; construction of environmental-water resource directories and monitoring, warning, forecasting systems for environmental and water resource conditions in river basins;

b) Preparation and implementation of river basin planning, pollution prevention plans, plans to mitigate adverse effects caused by water, and plans for water resource regulation and allocation and development in river basins.

2. Development and implementation of comprehensive water resource management programs and projects in river basins, ensuring water balance at national and regional levels to meet water needs for civilian life and sustainable economic and social development.

3. Sustainable development investment in river basins is developmental investment. The State encourages and creates favorable conditions for all organizations, individuals, and communities to participate in managing, protecting, and developing water resources sustainably in river basins and preventing adverse effects caused by water.

4. Expansion and attraction of international capital for the management and protection of environmental and water resources in river basins.

Chapter II

BASIC ENVIRONMENTAL AND WATER RESOURCES INVESTIGATION OF RIVER BASINS

Article 8. Main contents of basic environmental and water resources investigation work in river basins

1. Environmental investigation; investigation and inventory of water resources in river basins, including:

a) Preparing characteristic maps of river basins, characteristic maps of rivers, lakes, and lagoons;

b) Preparing hydrogeological maps for aquifer layers and structures, complex aquifer systems;

c) Investigating and searching for underground water sources;

d) Investigating, evaluating, and preparing specialized maps on water resources;

đ) Investigating, evaluating factors affecting water resources;

e) Investigating, evaluating the situation of water resource degradation, salinization, pollution, depletion of surface and underground water; compiling lists of polluted, degraded, and depleted water sources;

g) Investigating to determine the capacity of water bodies to accept wastewater;

h) Investigating, evaluating, warning, and forecasting abnormal developments in water resources and damages caused by water;

i) Investigating, determining the capacity, and conducting supplementary underground water testing.

2. Investigating the current status of water resource exploitation, utilization, and wastewater discharge.

3. Establishing and maintaining a monitoring system for water resources, monitoring water resource exploitation, utilization, and wastewater discharge.

4. Establishing and maintaining information systems and databases on the environment and water resources.

Article 9. Organization of basic environmental and water resources investigation work in river basins

1. The Government uniformly manages basic environmental and water resources investigation work in river basins nationwide.

2. The Ministry of Natural Resources and Environment leads and coordinates with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the central government (hereinafter referred to collectively as provincial-level People's Committees) to organize the implementation of basic environmental and water resources investigation work in river basins, guiding the establishment and planning of issuance of directory databases on environmental and water resources in river basins.

Chapter III

RIVER BASIN PLANNING

Article 10. River basin planning

1. River basin planning includes the following component plans:

a) Water resource allocation plan;

b) Water resource protection plan;

c) Plan for prevention, control, and mitigation of damage caused by water.

2. The scope of component plans may cover the entire basin, one or several sub-basins.

Article 11. Duration and time limit for river basin planning

1. River basin planning is prepared every ten (10) years, and if necessary, the duration can be extended but not exceeding five (05) years from the date the existing plan expires.

2. The time limit for preparing the planning project shall not exceed twenty-four (24) months from the date the planning task is approved by the competent authority.

Article 12. Planning tasks for river basins

1. Contents of planning tasks for river basins:

a) General assessment of natural environment, economy, society, current status of water resources in river basins, environmental water protection, water resource exploitation, utilization, development, prevention, control, reduction of damage caused by water;

b) Determining objectives, water usage needs, drainage requirements, issues to be addressed in environmental water protection, water resource exploitation, utilization, development, prevention, control, reduction of damage, and mitigation of consequences caused by water;

c) Determining which component plans need to be established, their priority order, and the scope of planning for these component plans to achieve the objectives and address the issues identified in point b of this Article;

d) Proposing solutions and timelines for river basin planning.

2. The time limit for preparing planning tasks for river basins shall not exceed six (06) months from the date the task is officially assigned.

Article 13. Basis for establishing river basin planning

1. The list of river basins approved by the competent authority.

2. The Law on Water Resources, the Environmental Protection Law, the National Strategy on Water Resources, the National Environmental Protection Strategy, the Strategic Orientation for Sustainable Development in Vietnam, the development plans for the national economy and society, regional areas, localities, and other relevant regulatory legal documents.

3. Programs, strategies, plans related to environmental protection, water resource exploitation and utilization; prevention, control, and reduction of harm caused by water.

4. Natural, economic, and social characteristics of the river basin and the actual potential of water resources.

5. Rights and obligations under international treaties to which the Socialist Republic of Vietnam is a member in the fields of water resources and environment.

6. Standards and norms regarding water resources and the environment related to water resources.

7. Tasks of the river basin planning approved by the competent authority.

Article 14. Main contents of the water resource allocation planning within the river basin

1. Assessment of quantity, quality, trend prediction of water resource fluctuations, current status of water resource exploitation and utilization for each water source.

2. Determination of water demand, issues existing in the comprehensive exploitation and utilization of water resources, establishment of priority order for resolution, capacity to meet water demands for daily life, agriculture, hydropower, fisheries, industry, transportation, tourism, other socio-economic activities, and environmental protection for each water source.

3. Determination of priority order and proportion of water resource allocation in water supply for daily life and other purposes including water needs for environmental protection during droughts and water shortages.

4. Determination of water usage purposes, minimum flow rates to be maintained on sections of rivers within the basin, and measures to address issues identified in Clause 2 of this Article.

5. Recommendations for a monitoring network for water resources, water use, adjustment of parameters or modification of current operation procedures of water resource exploitation and utilization facilities (if necessary).

6. Determination of water transfer needs between sub-basins within the basin; water transfer needs with other river basins (if applicable).

7. Proposals for engineering measures to develop water resources to meet water usage needs for socio-economic development within the basin.

8. Solutions and implementation schedule for the Planning.

Article 15. Main contents of the river basin water resource protection planning

1. Identification of location, scope, and degree of pollution from pollution sources within the river basin; polluted, degraded, depleted areas; causes of pollution, degradation, depletion of water sources.

2. Evaluation of current status and trends in water quality for each water source, zoning of water quality.

3. Identification and evaluation of the importance of aquatic ecosystems.

4. Determination of water quality targets based on water usage purposes for each water source.

5. Determination of environmental protection measures, restoration of polluted or degraded, depleted water sources.

6. Recommendations for a water quality monitoring network across the basin, wastewater discharge monitoring into water sources, adjustment of parameters or modification of current operation procedures of water resource protection facilities within the river basin (if applicable).

7. Proposals for non-engineering and engineering measures to achieve water quality targets within the river basin.

8. Solutions and implementation schedule for the Planning.

Article 16. Main contents of the planning for prevention, control, and mitigation of damage caused by water in river basins.

1. Assessing the situation, trends, identifying causes, and zoning areas affected by water in river basins.

2. Evaluating the overall effectiveness of existing engineering and non-engineering measures built on the basin to prevent, control, reduce damage, and mitigate consequences caused by water, and the impact of these measures on flood-prone areas, wetlands, issues related to sedimentation and erosion of riverbeds and banks, estuaries, and coastal zones.

3. Determining standards for flood, drought, and dry season prevention and control for the entire river basin, each region, and sub-basins.

4. Recommending adjustments to parameters or current operation procedures of facilities for preventing, controlling, reducing damage, and mitigating consequences caused by water (if applicable).

5. Identifying solutions to enhance the quality and effectiveness of activities for preventing, controlling, reducing damage, and mitigating consequences caused by water, warning and forecasting systems for floods, droughts, and other natural disasters.

6. Proposing engineering and non-engineering measures to reduce damage, mitigate consequences caused by water, protect areas at risk of flooding, droughts, and dry seasons; conserve wetland areas, and ensure standards for flood, drought, and dry season prevention and control for the entire river basin, each region, and sub-basins.

7. Solutions and implementation schedule for the planning.

Article 17. Establishing river basin planning.

1. Responsibilities for establishing river basin planning:

a) The Ministry of Natural Resources and Environment shall establish tasks and projects for river basin planning for river basins listed in the List of Major River Basins and the List of Inter-provincial River Basins.

b) Provincial People's Committees shall establish tasks and projects for river basin planning for river basins within their provincial boundaries listed in the List of Intra-provincial River Basins.

c) Agencies specified in points a and b of Clause 1 of this Article shall be responsible for coordinating with relevant ministries, sectors, and localities during the process of establishing river basin planning projects.

2. River basin planning projects must seek opinions from relevant ministries, sectors, localities, economic organizations involved in water resource exploitation and utilization, wastewater discharge into water sources, and representatives of communities living in the river basin area before submitting to competent authorities for review and approval.

3. The Ministry of Natural Resources and Environment shall be responsible for providing detailed guidance on quotas, standards, contents, procedures, and processes for establishing, reviewing, and approving river basin planning.

Article 18. Adjusting river basin planning.

1. River basin planning will be reviewed and adjusted when any of the following situations occur:

a) There are significant changes in natural conditions in the river basin.

b) There are adjustments to the overall socio-economic development planning that alter the objectives of the river basin planning.

c) There are recommendations for adjustments from relevant ministries, sectors, Basin Management Committees, or local People's Committees in implementing the river basin planning.

2. The adjustment period for river basin planning is determined by the authority that approves the river basin planning.

3. The content of the adjustment to river basin planning must be based on the results of analyzing and evaluating the implementation of the approved river basin planning, identifying factors affecting the adjustment; it must ensure continuity and only adjust changed contents.

4. The establishment, review, and approval of the adjustment content shall be carried out in accordance with the provisions of this Decree.

Article 19. Implementation of river basin planning

1. Announcing river basin planning:

a) The Minister of Natural Resources and Environment announces the river basin planning for river basins listed in the List of Major River Basins and the List of Inter-provincial River Basins;

b) The Chairman of the Provincial People's Committee announces the river basin planning for river basins within the provincial territory listed in the List of Intra-provincial River Basins;

c) The Ministry of Natural Resources and Environment provides detailed guidance on the content and form of announcing river basin planning.

2. Ministries, sectors, and Provincial People's Committees base on the river basin planning approved by the competent authority to establish their own water resource exploitation and utilization planning and approve it after receiving the review opinion of the Ministry of Natural Resources and Environment.

3. Ministries, sectors, and Provincial People's Committees within the river basin direct and organize the implementation of the river basin planning for parts of the work content within their scope of responsibility; adjust strategies, plans, and programs within their scope of state management when such strategies, plans, and programs are not consistent with the approved river basin planning.

4. The River Basin Management Board established under Article 30 of this Decree (hereinafter referred to as the River Basin Management Board) discusses and proposes measures to ensure the implementation or adjustment of the river basin planning; proposes solutions to disputes between state agencies, organizations, and individuals during the implementation of the river basin planning to the competent state management agency; reports annually to the Ministry of Natural Resources and Environment on the implementation status.

5. Professional associations, economic organizations, community groups have the responsibility and are provided conditions to exercise their right to supervise and propose specific measures to implement the river basin planning.

6. The Ministry of Natural Resources and Environment is responsible for inspecting the implementation of the river basin planning; reports annually to the Prime Minister on the implementation status of river basin planning nationwide.

Article 20. Funding for the establishment and implementation of river basin planning

1. Funding for the preparation of tasks and projects of river basin planning for river basins listed in the List of Major River Basins and the List of Inter-provincial River Basins is provided from the state budget and allocated in the annual state budget estimate of the Ministry of Natural Resources and Environment.

2. Funding for the preparation of tasks and projects of river basin planning for river basins listed in the List of Intra-provincial River Basins is provided from the state budget and allocated in the annual state budget estimate of the province.

3. Funding for the implementation of river basin planning by ministries, sectors, and localities is allocated in the annual state budget estimate of these ministries, sectors, and localities according to the State Budget Law.

4. Financial contributions from domestic and foreign organizations and individuals and other lawful financial sources may be used for the preparation and implementation of river basin planning according to the provisions of the law.

Article 21. Archiving of river basin planning project files

1. The investor must submit archiving files after the river basin planning project files have been approved by the competent authority according to the law on archiving.

2. State management agencies at all levels on water resources have the responsibility to archive files on river basin planning according to the law on archiving.

3. Archiving agencies of river basin planning project files have the responsibility to provide archival materials to individuals, organizations, and competent state agencies according to the law.

Chapter IV

ENVIRONMENTAL PROTECTION OF RIVER BASIN WATER

Article 22. Control of pollution sources and protection of water quality in river basins

1. Ministries, ministerial-level agencies, government agencies, Provincial People's Committees, state-owned holding companies, and organizations and individuals operating water exploitation and utilization activities in river basins within their management scope have the responsibility:

a) To organize regular monitoring and measurement of discharge sources;

b) To inspect and supervise discharge points to ensure that the amount and quality of wastewater meet the capacity to accept wastewater and water quality targets for each river, river section, lake, reservoir, and wetland area in the river basin;

c) To implement measures to protect water sources they manage or directly exploit and utilize;

d) To build a database of wastewater discharged into water sources and register it in the Environmental - Water Resource Data Directory of the River Basin.

2. The Ministry of Natural Resources and Environment shall have the responsibility:

a) Direct the organization of investigations, surveys, and assessments of pollution, degradation, and depletion of water sources, construction of water quality monitoring systems, and information about water quality and discharge sources in the river basin;

b) To stipulate the protection of river buffer zones for sensitive water sources with high biodiversity value and cultural conservation; to protect and develop natural ecosystems in the river buffer zone and coastal areas;

c) To guide recovery measures for water quality in cases where the water environment is polluted or degraded.

Article 23. Plan for preventing and controlling water environmental pollution and restoring polluted water sources in river basins

1. Establishing a plan for preventing and controlling water environmental pollution and restoring polluted water sources in river basins:

a) The plan for preventing and controlling water environmental pollution and restoring polluted water sources in river basins is established every five years;

b) The Ministry of Natural Resources and Environment organizes the establishment of a plan for preventing and controlling water environmental pollution and restoring polluted water sources in river basins prioritized based on the approved river basin planning for river basins listed in the List of Major River Basins and the List of Inter-provincial River Basins;

c) The Provincial People's Committee organizes the establishment of a plan for preventing and controlling water environmental pollution and restoring polluted water sources in river basins prioritized based on the approved river basin planning for river basins within the provincial territory listed in the List of Intra-provincial River Basins;

d) The plan to prevent and control water environmental pollution and restore polluted water sources in the river basin must seek opinions from relevant ministries, sectors, localities, economic organizations involved in water resource exploitation and utilization, discharging wastewater into water sources, and representatives of communities residing within the river basin area.

2. Notification of the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin:

a) The Ministry of Natural Resources and Environment shall notify the plan to prevent and control water environmental pollution and restore polluted water sources to relevant ministries, sectors, People's Committees of provinces and centrally governed cities with areas within the large river basins and inter-provincial river basins listed in the Catalogue of Large River Basins and the Catalogue of Inter-Provincial River Basins.

b) Provincial People's Committees shall notify the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin to relevant departments and agencies under their management for river basins located within the provincial territory listed in the Catalogue of Intra-Provincial River Basins.

c) The content and form of notification of the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin shall be decided by the competent authority.

3. Implementation of the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin:

a) The plan to prevent and control water environmental pollution and restore polluted water sources in the river basin serves as the basis for establishing environmental protection programs and projects of relevant ministries, sectors, and localities.

b) Relevant ministries, sectors, state-owned corporations, and People's Committees at all levels have the responsibility to direct adjustments to programs, plans, projects, and discharge regimes under their management to align with the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin.

c) The Ministry of Natural Resources and Environment and provincial People's Committees have the responsibility to inspect, supervise, and monitor the implementation of the plan to prevent and control water environmental pollution and restore polluted water sources in the river basin, and report periodically to the Prime Minister.

Article 24. Response and remediation of river basin water environmental incidents

1. Response and remediation of river basin water environmental incidents:

a) Production, business, and service establishments have the responsibility to develop response plans and equip adequate facilities to prevent, respond to, and mitigate water environmental incidents caused by themselves.

b) Upon occurrence of a water environmental incident, production, business, and service establishments have the responsibility to implement response measures and remediate the incident in accordance with the provisions of the law.

c) Organizations and individuals causing water environmental incidents outside their own premises, in addition to being held accountable according to the law, have the responsibility to compensate for immediate pollution and degradation consequences and restore and improve the environment over the long term.

d) In case of an incident, local functional agencies have the responsibility to cooperate in minimizing the harm caused by the incident, identify the source and entity causing the incident; monitor and assess the decline in water quality in the river basin and damages caused by the incident to have grounds to request compensation from the entity causing the incident.

2. Response and remediation of transboundary river basin water environmental incidents:

a) Provincial People's Committees have the responsibility to proactively implement measures to contain and limit the spread of contaminated areas, handle and reduce pollution within their jurisdiction, and promptly notify the Ministry of Natural Resources and Environment.

b) The Ministry of Natural Resources and Environment has the responsibility to coordinate with relevant agencies in the country where the transboundary water environmental incident occurs to immediately implement containment and remediation measures consistent with international commitments and treaties to which Vietnam is a party.

Chapter V

Article 25. Minimum Flow Maintenance in River Basins

Article 25. Maintaining minimum flow in river basins

1. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant ministries and sectors to stipulate the procedures for determining the minimum flow that needs to be maintained in river basins.

2. Determining minimum flow in rivers:

a) The Ministry of Natural Resources and Environment shall organize surveys and determine the minimum flow in rivers or sections of rivers for each water source in river basins listed in the List of Major River Basins and the List of Inter-Provincial River Basins.

b) For international river basins, the Ministry of Natural Resources and Environment shall represent the Government in negotiating and agreeing with countries sharing the same international water resources on the level of maintaining the minimum flow in the main stream of the river basin.

c) Provincial People's Committees shall organize surveys and determine the minimum flow in rivers or sections of rivers for each water source in river basins listed in the List of Intra-Provincial River Basins.

d) The minimum flow in rivers or sections of rivers must be publicly announced and opinions solicited from economic organizations involved in the exploitation and utilization of water resources and representatives of communities living within the river basin area.

3. Authority to announce the minimum flow maintenance in rivers:

a) The Ministry of Natural Resources and Environment shall announce the minimum flow in rivers or sections of rivers for river basins listed in the List of Major River Basins and the List of Inter-Provincial River Basins.

b) Provincial People's Committees shall announce the minimum flow in rivers or sections of rivers for river basins located within their provincial boundaries listed in the List of Intra-Provincial River Basins.

4. Ministries, ministerial-level agencies, government agencies, and state-owned enterprises related to the exploitation and utilization of water resources shall be responsible for directing adjustments to programs, plans, projects, and water resource exploitation and utilization regimes to ensure the maintenance of the minimum flow in rivers or sections of rivers that have been announced.

Article 26. Regulation and Allocation of Water Resources in River Basins

Article 26. Planning for regulation and allocation of water resources

a) Plans for regulating and allocating water resources in river basins shall be established once every five years.

b) Ministries, sectors, localities, and economic organizations exploiting and utilizing water resources shall be responsible for notifying the Basin Management Committee and the Ministry of Natural Resources and Environment of their annual water usage plans during the five-year period for each water source in the river basin.

c) For river basins listed in the List of Major River Basins and the List of Inter-Provincial River Basins, the Ministry of Natural Resources and Environment shall establish plans for regulating and allocating water resources for different uses based on approved river basin master plans, actual water supply capacity, requirements for maintaining the minimum flow in rivers, forecasts of future flow changes provided by meteorological and hydrological agencies, and water usage needs of ministries, sectors, localities, and economic organizations.

d) For river basins located within provincial boundaries listed in the List of Intra-Provincial River Basins, provincial people's committees shall establish plans for regulating and allocating water resources for different uses based on approved river basin master plans, actual water supply capacity, minimum flow levels in rivers, forecasts of future flow changes provided by meteorological and hydrological agencies, and water usage needs of ministries, sectors, localities, and economic organizations.

e) Plans for regulating and allocating water resources must be publicly announced and opinions solicited from relevant ministries, sectors, localities, economic organizations involved in the exploitation and utilization of water resources, and representatives of communities living within the river basin area.

2. Notification of plans for regulating and allocating water resources

a) The Ministry of Natural Resources and Environment shall notify relevant ministries, sectors, and provincial people's committees within the river basin area of plans for regulating and allocating water resources in river basins for river basins listed in the List of Major River Basins and the List of Inter-Provincial River Basins.

b) Provincial people's committees shall notify relevant departments, units under their management, and other related agencies and organizations using water resources in the river basin of plans for regulating and allocating water resources for river basins located within their provincial boundaries listed in the List of Intra-Provincial River Basins.

c) The content and form of notifications regarding plans for regulating and allocating water resources in river basins shall be decided by the competent authority.

3. Implementation of plans for regulating and allocating water resources

a) Relevant ministries, sectors, state-owned enterprises involved in the exploitation, utilization, and protection of water resources, and people's committees at all levels shall be responsible for directing the review and adjustment of their programs, plans, projects, and water resource exploitation and utilization regimes to align with plans for regulating and allocating water resources in river basins and the actual capacity of water sources as notified by the competent state authorities.

b) In cases of drought, water shortage, or severe water pollution, the Basin Management Committee must immediately propose to the Ministry of Natural Resources and Environment and provincial people's committees to adjust plans for regulating and allocating water resources according to the priority order approved in the river basin water resource allocation plan as stipulated in Clause 3, Article 14 of this Decree and promptly notify the adjusted plans for regulating and allocating water resources and the effective period of such adjustments to relevant state agencies and organizations within the river basin.

c) If related agencies, organizations, and localities within the river basin disagree with the content of the adjusted plans for regulating and allocating water resources, they should propose to the issuing agency for consideration and decision.

d) In emergency situations, water resource regulation and allocation must be carried out in accordance with laws on emergencies.

Article 27. Water Transfer Between River Basins

1. Basis for establishing water transfer projects between river basins:

a) National Strategy on Water Resources, National Environmental Protection Strategy;

b) Basin planning for rivers, maintaining minimum flow, water resource management plans, and allocation plans for river basins;

c) Economic and social development plans of localities within relevant river basins;

d) Water source capacity, water usage needs, and environmental impacts;

đ) Commitments and international treaties to which Vietnam is a party in cases involving inter-basin water transfer projects;

2. Soliciting opinions and reviewing inter-basin water transfer projects:

a) For any inter-basin water transfer project related to a river basin, the opinion of the River Basin Management Committee of that basin must be sought during the project establishment and approval process;

b) Inter-basin water transfer projects listed in the National Major River Basins Directory and the Provincial River Basins Directory by ministries, sectors, provincial people's committees, state-owned corporations, and organizations or individuals must be submitted to the Ministry of Natural Resources and Environment for review before being submitted to the Prime Minister for consideration and decision on investment policy or investment decision according to the分级管理的投资建设项目的审批权限；

c) Inter-basin water transfer projects located within the scope of localities listed in the Provincial River Basins Directory by ministries, sectors, provincial people's committees, state-owned corporations, and organizations or individuals must be submitted to the provincial people's committee for review before applying for investment policy or investment decision according to the分级管理的投资建设项目的审批权限；

Chapter VI

INTERNATIONAL COOPERATION AND IMPLEMENTATION OF INTERNATIONAL TREATIES ON RIVER BASINS

Article 28. International Cooperation on River Basins

1. The Ministry of Natural Resources and Environment serves as the focal point to assist the Government in implementing international cooperation on river basins, with the following responsibilities:

a) Leading and coordinating with the Ministry of Foreign Affairs and relevant ministries and sectors to carry out procedures for negotiating and signing international treaties on river basins in accordance with the law;

b) Directing and supervising the implementation of commitments and international treaties related to water resources; collecting and exchanging data and information on river basin water resources in accordance with international treaties to which Vietnam is a party;

c) Representing the Government of Vietnam in leading negotiations on international legal instruments on water resources; participating in resolving international disputes over water resources and river basin environments;

d) Monitoring the implementation of international commitments related to river basins by ministries, sectors, and localities where Vietnam is a member;

2. Ministries, sectors, and provincial people's committees have the responsibility to:

a) Build, maintain, and strengthen international cooperation relationships and implement international treaties on river basins within their assigned functions, tasks, and authorities;

b) Submit reports on international cooperation and the implementation of international treaties on river basins to the Ministry of Natural Resources and Environment for consolidation and reporting to the Prime Minister;

Article 29. Joining International River Basin Organizations

1. Joining international river basin organizations shall be carried out in accordance with the law on concluding and implementing international treaties;

2. The Ministry of Natural Resources and Environment serves as the focal point representing the Government of Vietnam in joining international river basin organizations. The Minister of Natural Resources and Environment shall submit to the Prime Minister for approval the dispatch of representatives to international river basin organizations; decide on the dispatch of experts to work at international river basin cooperation organizations;

Chapter VII

ORGANIZATION AND COORDINATION OF RIVER BASINS

Article 30. Basin Management Committee

1. Functions of the Basin Management Committee:

a) The Basin Management Committee has the function of supervising and coordinating the activities of relevant ministries, sectors, and localities in implementing river basin planning; proposing policies, recommending solutions for water environmental protection, water resource exploitation, utilization, and development, and preventing, combating, and mitigating damage caused by water in the river basin;

b) The scope of responsibility of the Basin Management Committee may be one river basin or a group of river basins.

2. Organization of the Basin Management Committee:

a) The Basin Management Committee shall be established for river basins listed in the List of Major River Basins or the List of Inter-provincial River Basins as stipulated in point a and point b, Clause 2, Article 6 of this Decree. For major river basins with many inter-provincial sub-basins, an Inter-provincial Sub-basin Management Committee may be established;

b) For intra-provincial river basins, coordination of activities for water environmental protection, water resource exploitation, utilization, and development, and prevention, combating, and mitigation of damage caused by water in the river basin shall be directed by the Chairman of the People's Committee of the province.

3. Composition of the Basin Management Committee:

a) The Major River Basin Management Committee includes representatives from leaders of relevant ministries and sectors, representatives from leaders of the People's Committees of some provinces whose territories lie within the river basin, and representatives from some units managing large-scale water resource exploitation and utilization projects (if any), chaired by a Deputy Minister of Natural Resources and Environment;

b) The Inter-provincial River Basin Management Committee or the Inter-provincial Sub-basin Management Committee includes representatives from leaders of the People's Committees of provinces whose territories lie within the river basin, representatives from the Ministry of Natural Resources and Environment, other relevant ministries and sectors, and units managing large-scale water conservation, exploitation, utilization, development projects, and wastewater discharge into water sources within the river basin. The Chairman of the Committee is a leader of the People's Committee of the provinces whose territories lie within the river basin, appointed for a two-year term on a rotational basis among the provinces;

4. Authority to establish the Basin Management Committee:

a) The Prime Minister decides to establish the Basin Management Committee for river basins listed in the List of Major River Basins upon the proposal of the Minister of Natural Resources and Environment;

b) The Minister of Natural Resources and Environment establishes the Basin Management Committee for river basins listed in the List of Inter-provincial River Basins or the Inter-provincial Sub-basin Management Committee upon the proposal of the head of the specialized state management agency for water resources;

Article 31. Basin Office

1. The Basin Office has the duty to assist the Basin Management Committee in performing tasks assigned by the Committee, located at an entity under the Ministry of Natural Resources and Environment.

2. Authority to establish the Basin Office:

a) The Minister of Natural Resources and Environment decides to establish the Basin Office for river basins listed in the List of Major River Basins and the List of Inter-provincial River Basins;

b) The Ministry of Home Affairs, in collaboration with the Ministry of Natural Resources and Environment, guides the duties, powers, organization, and staffing of the Basin Office.

Article 32. Operating funds of the River Basin Management Board and the River Basin Office

1. State budget funds:

a) Operating funds for the River Basin Management Board, allocated within the scope of the budget estimates of the Ministry or agency with representatives in the Board;

b) Operating funds for the River Basin Office, allocated within the scope of the annual state budget estimates assigned to the Ministry of Natural Resources and Environment.

2. Voluntary contributions from organizations and individuals.

3. Financial support from international organizations and foreign countries.

4. Other sources as prescribed by law.

Chapter VIII

RESPONSIBILITIES FOR RIVER BASIN MANAGEMENT

Article 33. Ministry of Natural Resources and Environment

As the government agency responsible for state management of river basins nationwide, the Ministry of Natural Resources and Environment shall be responsible for:

1. Submitting to the Prime Minister:

a) Issuing the List of Inter-Provincial River Basins;

b) Establishing River Basin Management Boards for major river basins listed in the List of Inter-Provincial River Basins;

c) Approving tasks, plans for river basin planning; pollution prevention and water source restoration plans; water resource allocation and distribution plans for major river basins listed in the List of Inter-Provincial River Basins;

d) Resolving disputes over water resources between ministries, sectors, localities, and organizations and individuals involved in activities related to major river basins listed in the List of Inter-Provincial River Basins.

2. Issuing technical standards, economic and technical norms, unit prices for tasks and plans for river basin planning; model working regulations of the River Basin Management Board.

3. Issuing the List of Provincial River Basins, establishing River Basin Management Boards for inter-provincial river basins listed in the List of Inter-Provincial River Basins.

4. Approving tasks and plans for river basin planning for inter-provincial river basins listed in the List of Inter-Provincial River Basins.

5. Organizing the preparation of tasks and plans for river basin planning and implementing them after approval for major river basins and inter-provincial river basins listed in the List of Inter-Provincial River Basins.

6. Organizing and directing the implementation of plans after approval for major river basins and inter-provincial river basins, including:

a) Pollution prevention and water source restoration plans for river basins;

b) Water resource allocation and distribution plans.

7. Announcing minimum flow rates to maintain in rivers for major river basins and inter-provincial river basins listed in the List of Inter-Provincial River Basins.

8. Reviewing water resource exploitation and utilization plans in river basins submitted by ministries, sectors, government agencies, and provincial People's Committees for major river basins and inter-provincial river basins listed in the List of Inter-Provincial River Basins.

9. Implementing international cooperation and international treaties stipulated in Chapter VI of this Decree; resolving disputes over water resources between ministries, sectors, localities, and organizations and individuals involved in activities related to inter-provincial river basins listed in the List of Inter-Provincial River Basins.

Article 34. Ministries and Equivalent Ministries

Within their functions, tasks, and authorities as prescribed by law, ministries and equivalent ministries managing sectors that exploit and utilize water resources shall be responsible for:

1. Cooperating with the Ministry of Natural Resources and Environment and River Basin Management Boards in developing river basin plans.

2. Developing, revising, and supplementing specialized water resource protection, exploitation, and utilization plans in accordance with river basin plans, pollution prevention and water source restoration plans, and water resource allocation and distribution plans approved by competent state authorities.

3. Appointing authorized representatives to participate in River Basin Management Boards as prescribed by this Decree.

4. Advising competent authorities approving river basin plans on reviewing, revising, or adjusting river basin plans when necessary.

Article 35. The Ministry of Planning and Investment, the Ministry of Finance

1. Propose measures to ensure balance in investment capital needs for the preparation and implementation of river basin planning.

2. Study and develop mechanisms and policies to encourage and mobilize domestic and foreign investment sources for the implementation of river basin planning.

3. Mobilize Official Development Assistance (ODA) funds for investment in protecting and sustainably developing river basins.

Article 36. Provincial People's Committees

1. Organize the preparation, approval of tasks and projects of river basin planning, and implement them after approval for river basins listed in the provincial river basin directory.

2. Organize the preparation and direct the implementation of plans after approval for river basins listed in the provincial river basin directory, including:

a) Pollution prevention and water source restoration plans for river basins;

b) Water resource allocation and distribution plans.

3. Announce the minimum flow rate to be maintained in rivers for river basins listed in the provincial river basin directory.

4. Review water resource exploitation and utilization plans of ministries, sectors, and government agencies within provincial river basins.

5. Resolve disputes over water resources between ministries, sectors, localities, and organizations and individuals involved in activities related to river basins within provincial river basins.

6. Notify the management plan, protection, exploitation, utilization, development of water resources; prevention, control, and mitigation of adverse effects caused by water on the provincial territory to:

a) The inter-provincial river basin sub-committee corresponding to the province in cases where the province has an area within a large river basin.

b) The inter-provincial river basin committee corresponding to the province in cases where the province has an area within an inter-provincial river basin.

7. Regularly report to the Ministry of Natural Resources and Environment on the implementation of river basin management within the province.

Article 37. National Council for Water Resources

1. Provide opinions before the Prime Minister approves the river basin planning and water resource allocation plans for river basins listed in the large river basin directory.

2. Recommend the Prime Minister on resolving disputes over water resource exploitation and utilization between sectors and centrally-administered cities and provinces.

3. Propose policies and mechanisms for river basin management.

Article 38. River Basin Committee

1. Organize reviews of tasks and projects of river basin planning and sub-basin planning; plans for preventing and controlling environmental pollution and restoring polluted water sources; water resource allocation plans; minimum flow rates to be maintained in rivers; water transfer projects between regions and sub-basins within the basin, and water transfer or reception projects between the basin and other river basins.

2. Coordinate the activities of ministries, sectors, localities, state-owned corporations, organizations, and individuals in implementing water resource planning, plans, and projects within the river basin.

3. Propose water resource usage tax rates, fees, charges, and contributions from residents in the basin according to legal provisions for protecting the aquatic environment, exploiting and utilizing water resources, preventing and mitigating adverse effects caused by water, and addressing water-related disasters.

4. Monitor the implementation of river basin planning; recommend to the provincial people's committees within the basin and the Ministry of Natural Resources and Environment measures for managing, protecting, and utilizing water resources, preventing and mitigating adverse effects caused by water, remedying environmental incidents in the basin, and revising and adjusting river basin planning when necessary.

5. Organize the construction of databases and directories of environmental and water resource data in river basins.

6. Implement international cooperation in the field of protecting the aquatic environment, exploiting, utilizing, and developing water resources; preventing and mitigating adverse effects caused by water, and sustainable development of river basins.

7. Recommend dispute resolution proposals regarding water resources in river basins to competent authorities according to the law.

8. Regularly report to the Ministry of Natural Resources and Environment on the implementation of river basin planning and the implementation of plans stipulated in this Decree.

Chapter IX

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 39. Inspection and Supervision

1. The specialized inspection agency for natural resources and environment shall perform the function of inspecting the management of river basins.

2. Contents of inspection and supervision:

a) Inspecting and supervising the compliance with legal regulations on the management of river basins;

b) Identifying, preventing, and handling violations of legal regulations on the management of river basins within their authority, or recommending competent authorities to handle such violations;

c) Recommending measures to ensure the enforcement of legal regulations on the management of river basins.

3. The inspection of activities related to the management of river basins shall be carried out in accordance with the provisions of the law on inspection.

Article 40. Handling Complaints and Allegations

1. Organizations and individuals have the right to lodge complaints and allegations regarding violations of the law in the management of river basins.

2. The handling of complaints and allegations regarding violations of the law in the management of river basins shall be conducted in accordance with the provisions of the law on complaints and allegations.

3. During the period of lodging complaints, allegations, or initiating litigation, organizations and individuals must still comply with administrative decisions of competent state management agencies concerning the management of river basins. When there is a decision on handling complaints and allegations about the management of river basins from competent state management agencies or a court judgment that has taken effect, they shall comply with those decisions and judgments.

Article 41. Handling Violations

1. Organizations and individuals are responsible for promptly identifying, preventing, and recommending the handling of violations of the law in the management of river basins.

2. Organizations and individuals who abuse their positions or powers to cause degradation or depletion of water resources in river basins, obstructing the implementation of river basin management as stipulated in this Decree and other relevant legal documents shall be subject to disciplinary action, administrative violation handling, or criminal responsibility pursuit depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter X

IMPLEMENTING PROVISIONS

Article 42. Guidance on Implementation

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

Article 43. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous conflicting regulations are hereby abolished.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.