Circular No. 134/1999/TT-BNN/QLN guiding the organization and implementation of canal and irrigation channel consolidation

CIRCULAR

Guidelines for organizing the implementation of canal reinforcement

Pursuant to the Waterworks and Protection Ordinance for Irrigation Works issued by the Standing Committee of the National Assembly on August 31, 1994;

Pursuant to Resolution No. 08/1999/NQ-CP dated July 9, 1999 of the Government on solutions to manage and implement economic and social tasks in the last six months of 1999;

Pursuant to Circular No. 94/1999/TT-BTC dated July 31, 1999 of the Ministry of Finance guiding the use of agricultural land use tax, irrigation fees, and other sources of revenue to implement canal reinforcement;

The Ministry of Agriculture and Rural Development guides certain contents for localities to implement the Government's policy on canal reinforcement.

Chapter I. OBJECTS AND GOALS OF CANAL REINFORCEMENT

1. Goal: Canal reinforcement aims to ensure that all levels of canals transfer sufficient flow rates and reach the designed water level. As a result, irrigation systems, both old and new, will be completed and synchronized from the source to the field surface, thereby increasing irrigation efficiency, saving water, reducing construction land, conserving electricity, lowering management and operation costs, and extending the lifespan of the works.

2. Priority objects:

1) Areas with scarce water, where the main structures are pumping stations, reservoirs, and raised dams.

2) Surface canals in areas with high permeable sandy soil. Canals passing through unstable poor-quality lands, suburban areas, semi-mountainous regions, and mountainous areas with complex terrain.

3. Objects not included in this canal reinforcement plan:

1) Drainage canal systems and combined irrigation-drainage canals.

2) Subsurface irrigation canal systems affected by tidal currents.

3) Irrigation canals or sections of irrigation canals in systems with relatively assured water supply and stable cross-sections.

4) Irrigation canals in plain areas responsible for irrigating less than 10 to 20 hectares.

Chapter II. SOURCES OF INVESTMENT FOR CANAL REINFORCEMENT

1. Classification of canals:

Based on investment capacity and technical requirements, canals subject to reinforcement are classified as follows:

- Class I: Main canals of large systems in plains and some important systems in mountainous regions.

- Class II: County and commune-level canals.

- Class III: Village and field-level canals.

2. Sources of investment:

1) Class I canals:

a) For main canals within ongoing projects, the investment funds are specified in the project approval documents.

b) For canals outside ongoing projects, the investment costs are sourced from the central annual investment fund for irrigation infrastructure managed by the provincial People's Committee.

2) Class II canals:

a) In plains: Investment costs include agricultural land use tax, irrigation fees, and preferential credit loans allocated by the provincial People's Committee.

b) In mountainous regions:

* For canals within ongoing projects, the investment funds are specified in the project approval documents.

* For canals outside ongoing projects, the investment funds are sourced from the local annual irrigation investment budget managed by the locality, with a minimum of 50%. The remainder is preferential credit loans allocated by the provincial People's Committee.

3) Class III canals:

a) In plains: Investment costs are funded by contributions from the people, provincial support, and a minimum of 40% of the construction cost, mainly cement, steel, and other materials not produced locally. To expedite completion, preferential credit loans may be requested from the provincial People's Committee.

b) In mountainous regions: Investment costs are funded by people's labor contributions and small-scale irrigation subsidies from the central budget. The subsidy does not exceed 70% of the construction cost. To expedite completion, preferential credit loans may be requested from the province. The mobilization and use of funds follow the guidelines of the Ministry of Finance and the State Bank of Vietnam.

3. Provisions regarding preferential credit loan conditions.

1) Project sponsors:

- Waterworks Operation Companies are sponsors eligible to borrow for Class II canal reinforcement.

- Water service cooperatives at the grassroots level (water user cooperatives, irrigation teams of cooperatives) or village People's Committees are sponsors eligible to borrow for Class III canal reinforcement.

2) Borrowing conditions:

- Loan funds are exclusively for canal reinforcement.

- There must be a project and technical design approved by competent authorities according to current national regulations, clearly stating the schedule and implementation measures.

- For Class III canals, a management organization must be established to implement the canal reinforcement plan immediately and subsequently maintain, repair, manage, and operate the system to preserve and enhance its long-term effectiveness.

3) Loan period and repayment:

- Loan term is 15 years with a grace period of 5 years.

4) Fund management:

- Waterworks Operation Companies as sponsors manage funds according to the investment and construction management charter issued along with Decree No. 52/CP of the Government and related laws.

- Water service cooperatives as sponsors manage funds according to government regulations on the use of people's contributions and current national regulations on investment and construction.

Chapter III. TECHNICAL REQUIREMENTS

1. Regarding planning.

For type I canals, they shall be implemented in accordance with the approved planning of the irrigation works system by the competent authority.

For type II and type III canals, the following basic issues need to be noted:

- Based on existing works, when selecting canal routes and for solidification purposes, it may rely on the problems revealed during management and exploitation to consider adjusting irrigated areas or straightening canal routes to suit reality. In mountainous areas, attention should be paid to avoiding or minimizing losses caused by flash floods or landslides.

- Solidified canals will have a long lifespan of several decades, therefore, to avoid contradictions in the future, it is necessary to combine with crop zoning planning, direction of agricultural mechanization development, traffic planning, and especially new rural development planning.

2. On project establishment:

The Irrigation Works Operation Company is responsible for establishing projects for regions within the irrigation works system and submitting them to the competent authority for approval. Small systems within the scope of a district will establish one project, larger systems may divide into separate projects for each district station. Regions outside the system will have the Agricultural and Rural Development Department of the district responsible for establishing projects... The project content must include all main components: number of solidified canals, form and structure of works, volume and cost, sources of mobilized capital and loans, repayment plan, construction supervision and handover acceptance, management organization. Once completed, the project will proceed to review as guided in Part IV of this document. Based on the approved project, the Irrigation Works Operation Company or the district (regions outside the system) will be responsible for solidifying type II canals, while the People's Committee of the commune will be responsible for solidifying type III canals. This ensures that all canals follow a unified planning of the irrigation works system.

For mountainous areas, accurately dividing type II and type III canals is very important, significantly affecting the balance of investment funds and post-exploitation management organization.

3. On design.

Designing these types of canals does not require complex technical skills, but due to their large quantity, wide distribution across different areas, and significant total investment. To achieve water conservation, land conservation, longevity, and low costs, the following considerations should be applied during design:

- Selecting cross-sectional shape and structure of works suitable for the actual conditions of each locality. Currently, concrete slab-lined canals with m = 1 have been found to have the lowest cost, followed by brick and stone-built canals, and precast concrete canals.

+ Concrete slab-lined canals have a high land occupation ratio.

+ Brick and stone-built canals have lower costs.

+ Prefabricated concrete canals are more expensive, but have a longer lifespan, faster construction, lower land occupation ratio, and can be relocated if needed.

- When considering options, carefully examine the contribution of local residents for material and labor use.

- In mountainous areas, irrigation canals often run along hills and mountains, so when designing, special attention should be given to flood drainage, choosing between culverts and bridges over streams to avoid floods, and covering submerged sections with lids or placing underground pipes to prevent sedimentation. Canals passing through dangerous areas with little human traffic should choose structures and materials with high durability.

- During canal design, close integration with rural traffic development should be noted.

Canal design within the irrigation system is the responsibility of the Irrigation Works Operation Company, while those outside the irrigation system are the responsibility of the Agricultural and Rural Development Department of the district. These are technical works that must be undertaken by specialized irrigation engineers trained and instructed.

4. On construction management and handover acceptance.

The project sponsor must closely supervise during the construction process.

- For canals where the Irrigation Works Operation Company is the sponsor, the company must organize supervision.

- For canals where the Water Service Cooperative is the sponsor, the cooperative must organize strict inspection and supervision, maintain the works according to technical regulations, conduct handover acceptance, and continue long-term management and exploitation. Localities must provide professional training for construction supervisors to ensure the quality of the works.

5. On management and exploitation organization.

Alongside restoring and solidifying inter-village and intra-field canals, localities must establish management organizations to maintain, repair, and effectively serve production and daily life. There are many organizational models and operational mechanisms: such as agricultural cooperatives providing water services, water user cooperatives, water user groups... Localities need to fully recognize the urgency and long-term nature of these organizations to select appropriate models based on reality.

In mountainous areas, due to small scattered works over a wide area, management beyond the above forms will be contracted to individual farmers for management, and annually provide professional training to them, as done in a district in Lang Son.

Chapter IV. IMPLEMENTATION ORGANIZATION

1. At the Central Level:

The Ministry of Agriculture and Rural Development is responsible before the Government for directing this work.

The Water Management and Irrigation Works Administration is the functional agency assigned by the Ministry to perform the following tasks:

- Lead the review of project files for solidifying type I canals and agree for the Provincial People's Committee to approve according to the current basic construction procedures.

- Lead the review of annual loan plans to ensure fairness and rationality in balancing state loan capital and provincial needs, which the Ministry of Agriculture and Rural Development will submit to the Government and propose to the Ministry of Planning and Investment, Ministry of Finance for allocation and funding.

- Inspect and urge localities to implement, resolve any obstacles within its functions or propose opinions for the Ministry's decision.

- Timely identify exemplary cases, summarize lessons learned, and organize dissemination for localities to apply.

2. At the provincial level: Establish a steering committee for canal solidification headed by the Chairman or Vice-Chairman in charge of agriculture of the Provincial People's Committee, with other members including:

The Directors of the Departments of Agriculture and Rural Development (permanent members), Planning and Investment, Finance, Construction, Banking, and the Director of the Investment Development Department.

(Depending on the specific circumstances of each province, the number of members may be increased or decreased accordingly).

The Steering Committee has the task of assisting the province in balancing the local budget, proposing borrowing levels, and allocating loan funds to districts and State-owned Enterprises for canal consolidation; urging, inspecting, and resolving difficulties during the implementation process.

In places where the movement to consolidate canals has not yet developed, the Steering Committee needs to select a representative irrigation system to guide, draw lessons, and disseminate them to other localities within the province to promptly address shortcomings and leverage strengths.

The Department of Agriculture and Rural Development assists the Chairman of the Provincial People's Committee in state management and implementing the plan. The Water Management Agency or the Water Resources Division (where the Agency has not been established) serves as the functional agency to assist the Department of Agriculture and Rural Development in state management and acts as the permanent office for the provincial Steering Committee with the following responsibilities:

- Compiling the borrowing plans of State-owned Enterprises and districts, reasonably coordinating through the Steering Committee to submit to the People's Committee of the province for approval by the Ministry of Agriculture and Rural Development, and once the plan index is set, approving the allocation plan of loan funds within the province.

- Reviewing projects to consolidate canals belonging to Group II for the Director of the Department of Agriculture and Rural Development to submit to the People's Committee of the province for approval.

- Reviewing plans to consolidate canals belonging to Group III for the Director of the Department of Agriculture and Rural Development to approve.

- Studying and proposing specific regulations for designing and budgeting construction of canals belonging to Group III, which will be submitted by the Department of Agriculture and Rural Development through the Steering Committee to the People's Committee of the province for approval, tailored to the local conditions, aiming to shorten preparation time and reduce costs.

- Assisting the Department of Agriculture and Rural Development in supervising and urging State-owned Enterprises and districts to implement the plan, promptly identifying and resolving difficulties.

3. At the district and commune level:

Depending on the specific circumstances of the locality, the People's Committee of the province decides on the organizational guidance scheme that is appropriate and effective.

In mountainous areas, the District People's Committee directs Commune People's Committees to develop plans for consolidating Type III canals, closely integrated with small-scale irrigation project planning.

4. Reporting on the implementation of the plan:

Every six months, localities report to the Ministry (Water Management Bureau and Irrigation Works Administration) on the implementation of the plan, proposing issues requiring resolution and lessons learned to promptly address shortcomings, leverage strengths, and accelerate the implementation pace.