Circular No. 134/1999/TT-BNN-QLN on organizing the implementation of canal consolidation

CIRCULAR

Regarding the organization to implement the reinforcement of irrigation canals

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Pursuant to the Ordinance on the Exploitation and Protection of 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 measures for managing and implementing economic and social tasks in the last six months of 1999;

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

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

I- OBJECTS AND GOALS OF REINFORCEMENT CANALS DITCHES

1. Objectives:

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 in a synchronized manner from the source to the field surface, thereby increasing irrigation efficiency, saving water, construction land, electricity, reducing management and operation costs, and extending the lifespan of the works.

2. Priority objects:

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

2) Elevated canal routes in sandy areas with high permeability. Canals passing through unstable poor soil regions, suburban areas, semi-mountainous areas, and mountainous areas with complex terrain.

3. Objects not included in this reinforcement plan:

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

2) Underground irrigation canals 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.

II- SOURCES OF INVESTMENT FOR REINFORCING CANALS

1. Classification of canals:

Based on investment capacity and technical requirements, canals eligible for 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 funding is specified in the project approval documents.

b) For canals outside ongoing projects, the investment cost is sourced from the central government's 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 tax, irrigation fees, and preferential credit loans allocated by the provincial or city People's Committee.

b) In mountainous areas:

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

* For canals outside ongoing projects, the investment funds come from the local government's annual irrigation investment budget, with a minimum of 50%, supplemented by preferential credit loans allocated by the provincial People's Committee.

3) Class III canals:

a) In plains: Investment costs are covered by contributions from the public, provincial or city government support. The minimum support level is 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 areas: Investment costs are covered by public labor contributions and small-scale irrigation subsidies from the central government budget. The maximum subsidy level is 70% of the construction cost. To expedite completion, preferential credit loans may be requested from the province.

The mobilization and utilization of these investment sources shall follow the guidelines of the Ministry of Finance and the State Bank of Vietnam.

3. Regulations on conditions for preferential credit loans.

1) Project sponsors:

- Waterworks companies are project sponsors eligible to borrow for reinforcing Class II canals.

- Water service cooperatives at the grassroots level (water-using cooperatives, water teams of cooperatives) or village People's Committees are project sponsors eligible to borrow for reinforcing Class III canals.

2) Borrowing conditions:

- Loan funds must be exclusively for canal reinforcement.

- There must be a project and technical design approved by the competent authority 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 from the outset and subsequently maintain, repair, manage, and operate the reinforced canal system to sustain its long-term effectiveness.

3) Loan period and repayment:

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

4) Management of funds:

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

- Water service cooperatives as project sponsors manage funds according to the regulations of the Government on the use of public contributions and current national regulations on investment and construction.

III- TECHNICAL REQUIREMENTS

1. Regarding planning.

For Class I canals, they must be implemented in accordance with the approved irrigation works system planning.

For Class II and Class III canals, the following key issues should be noted:

- Based on existing works, when selecting canal routes for reinforcement, adjustments can be made based on issues revealed during management and operation to suit actual conditions. In mountainous areas, particular attention should be given to avoiding or minimizing losses caused by flash floods or landslides.

- Reinforced canals have a long lifespan of several decades, so future conflicts should be avoided by integrating with crop zoning plans, mechanization development plans, transportation planning, and especially new rural development planning.

2. On project preparation:

The KTCTTL Company is responsible for establishing projects for areas within the irrigation system to be submitted to the competent authority for approval. A small system within the scope of a district will establish one project, while a larger system may be divided so that each district station establishes one project. Areas outside the system shall have their projects established by the Department of Agriculture and Rural Development of the district. The content of the project must include all main components: the number of reinforced channels, the form and structure of the works, volume and cost, sources of capital mobilization and loans, repayment plan, construction supervision and handover acceptance, management organization. Once completed, the project will be submitted for approval as guided in Part IV of this document. Based on the approved project, the KTCTTL Company or the district (for areas outside the system) will be responsible for reinforcing Class II channels, and the People's Commune Committee will be responsible for reinforcing Class III channels. This ensures that all channels follow a unified planning scheme of the irrigation system.

For mountainous regions, accurately dividing projects into Class II and Class III channels is very important, significantly affecting the balance of investment funds and post-construction management and operation.

3. On design.

Designing these types of channels does not require complex technical skills, but due to their large quantity, wide distribution across different areas, and significant total investment. To achieve the goals of water conservation, land conservation, long lifespan, and low cost, the following considerations should be taken into account during the design process:

- Selecting cross-sectional shapes and structures suitable for the actual conditions of each locality. Currently, concrete-lined channels with a slope of m = 1 have been found to have the lowest cost, followed by brick and stone-built channels and precast concrete channels.

+ Concrete-lined channels have a high land occupation ratio.

+ Brick and stone-built channels have lower costs.

+ Prefabricated concrete channels are more expensive, but they have a longer lifespan, faster construction, lower land occupation ratio, and can be relocated when necessary.

- When selecting options, careful consideration should be given to the contribution of local residents in terms of material supply and labor force for construction.

- In mountainous areas, irrigation channels often run along hill slopes, so special attention should be paid to flood drainage during design. Sections crossing streams should choose between culverts and sluices to avoid floods, and submerged sections should have covers or underground pipes to prevent sedimentation. Channels passing through dangerous areas with little traffic should select durable construction forms and materials.

- During the channel design process, close coordination with rural road development should be ensured.

- Channel design within the irrigation system is the responsibility of the KTCTTL Company, and outside the irrigation system, it is the responsibility of the Department of Agriculture and Rural Development of the district. These are technical works that must be undertaken by specialized water resource engineers who have been trained and instructed.

4. On construction management and handover acceptance.

The project owner must strictly supervise the construction process.

- For channels where the KTCTTL Company is the project owner, the company must organize supervision.

- For channels where the Water Service Cooperative is the project owner, the cooperative must organize strict inspection and supervision forces, maintain the works according to technical regulations, accept handover, and continue to manage and operate them long-term. Localities must provide professional training for construction supervisors to ensure the quality of the works.

5. On management and exploitation organization.

Alongside restoring and reinforcing village and field irrigation channels, localities must establish management organizations to maintain, repair, and exploit the channels effectively for production and daily life. There are currently various organizational models and operational mechanisms: such as Agricultural Cooperatives providing water services, Water Users' Groups, etc. Localities need to fully recognize the urgency and long-term nature of these organizations to choose appropriate models based on reality.

In mountainous areas, due to scattered small-scale projects over a wide area, management beyond the above methods will be entrusted to individual farmers, with annual professional training provided, as implemented in a district in Lang Son.

IV - IMPLEMENTATION

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:

- Leading the review of project files for reinforcing Class I channels and agreeing for the Provincial People's Committee to approve according to the current basic construction procedures.

- Leading the review of the annual loan plan to ensure fairness and reasonableness in balancing the total state loan capital and the loan needs of provinces and cities, which the Ministry of Agriculture and Rural Development will submit to the Government and request the Ministry of Planning and Investment and the Ministry of Finance to allocate quotas and capital.

- Inspecting and urging localities to implement, resolving any issues within its assigned functions or proposing opinions for the Ministry to decide.

- Promptly identifying exemplary cases, summarizing lessons learned, and organizing dissemination for localities to apply.

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

Directors of the Departments of Agriculture and Rural Development (permanent member), Planning and Investment, Finance, Construction, Banking, and the Director of the Investment and Development Bureau.

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

The steering committee has the task of helping the province balance the local budget, propose loan levels, and allocate loan capital to districts and KTCTTL Companies; urge, inspect, and resolve any issues during implementation.

Where the movement to reinforce irrigation channels has not developed sufficiently, the steering committee should select a typical irrigation system to direct, draw lessons from, and disseminate to other localities in 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 directs the implementation of plans. The Water Management and Irrigation Control Agency or the Water Resources Department (in places where the Water Management and Irrigation Control Agency has not been established) is the functional agency assisting the Department of Agriculture and Rural Development in state management and serves as the permanent office for the Provincial Steering Board with the following tasks:

- To compile the borrowing plans of the Irrigation Construction and Operation Companies, districts, and balance them reasonably through the Steering Board to submit to the Provincial People's Committee for approval by the Ministry of Agriculture and Rural Development, and when there are plan indicators, approve the allocation plan for loan capital within the province.

- To review the projects for the reinforcement of canals belonging to Group II for the Director of the Department of Agriculture and Rural Development to submit to the Provincial People's Committee for approval.

- To review the plans for the reinforcement of canals belonging to Group III for the Director of the Department of Agriculture and Rural Development to approve.

- To study and propose specific regulations in the preparation of construction budget designs for canals belonging to Group III so that the Department of Agriculture and Rural Development, through the Steering Board, can submit to the Provincial People's Committee for approval in accordance with local conditions, aiming to shorten the preparation time and reduce costs during the investment preparation phase.

- To assist the Department of Agriculture and Rural Development in inspecting and urging the Irrigation Construction and Operation Companies and districts to implement plans, promptly identifying and resolving any difficulties.

3. At the district and commune levels:

Depending on the specific circumstances of the locality, the Provincial People's Committee decides on the organization and direction methods suitable and effective.

In mountainous areas, the District People's Committee directs the Commune People's Committees to develop plans for reinforcing canal type III closely integrated with the planning of small-scale irrigation works.

4. Reporting on the implementation of plans:

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