Decree No. 179/1999/NĐ-CP on the Implementation of the Law on Water Resources

DECREE

Provisions for Implementing the Law on Water Resources

_________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Water Resources Law dated May 20, 1998;

At the request of the Minister of Agriculture and Rural Development,

DECREE:

PART I

GENERAL PROVISIONS

Article 1.

1. This Decree stipulates the management, protection, exploitation, and utilization of water resources; discharging wastewater into water sources; issuing permits related to water resources; and preventing, combating, and mitigating adverse effects caused by water.

2. This Decree also applies to activities causing marine water pollution; planning construction projects on the sea such as transportation, irrigation, aquaculture, and other projects; activities related to coastal embankments, flood drainage; prevention and control of saline intrusion, rising sea levels, flooding, salinization, aquaculture, and other related activities.

3. Administrative penalties for violations in the field of water resources, specific organizational structures, functions, tasks, and powers of state agencies managing water resources shall be separately prescribed by the Government.

Article 2. The river basin planning as provided for in Clause 1, Article 5 of the Law on Water Resources is specified as follows:

1. River basin planning must ensure comprehensive water resource usage requirements, meeting demands for domestic water supply, agricultural production, forestry, industry, mining, power generation, inland waterway transport, aquaculture, salt production, sports, entertainment, tourism, healthcare, convalescence, scientific research, and other purposes; ensuring requirements for flood and drought prevention and mitigation, and other adverse effects caused by water.

2. Sub-basin planning, irrigation system planning, and specialized planning for flood and drought prevention and mitigation, water supply and drainage, inland waterway transport, hydropower, and other water resource exploitation and utilization planning must be based on river basin planning.

Chapter II

WATER RESOURCE PROTECTION

Article 3. Prevention and control of water resource degradation and depletion as provided for in Clause 1, Article 11 of the Law on Water Resources is specified as follows:

1. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries, sectors, provincial People's Committees, and municipal People's Committees directly under the central government:

a. Organize surveys and assessments of degraded and depleted water sources;

b. Develop plans for protecting and developing forests in accordance with river basin planning to protect water resources, prevent floods and droughts;

c. Formulate plans to restore, upgrade, and construct additional water conservancy works to increase water supply capacity and restore degraded and depleted water sources;

d. Inspect and supervise underground water extraction; promptly implement measures to protect underground water in areas at risk of quantity reduction and pollution;

đ. Inspect and supervise wastewater discharge points; prescribe measures for wastewater treatment according to legal provisions.

2. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Planning and Investment, the Ministry of Finance, and relevant ministries and sectors to develop annual budget plans to implement the provisions of Clause 1 of this Article, to be submitted to the Prime Minister for decision.

Article 4. Prevention and control of water source pollution as provided for in Clause 1, Article 13 of the Law on Water Resources is specified as follows:

1. The Ministries of Agriculture and Rural Development, Industry, and the Hydro-meteorological General Department, within their respective functions and responsibilities, shall coordinate with relevant ministries, sectors, and provincial People's Committees, and municipal People's Committees directly under the central government:

a. Establish a network of monitoring stations to reassess surface and groundwater quality; collect data and establish a database;

b. Develop plans to prevent and treat water source pollution.

2. The Ministry of Agriculture and Rural Development, the Ministry of Industry, and the Hydro-meteorological General Department shall coordinate with the Ministry of Planning and Investment to develop annual budget plans to implement the provisions of Clause 1 of this Article, to be submitted to the Prime Minister for decision.

Article 5.Issuance of permits for discharging wastewater into water sources as provided for in Article 18 of the Law on Water Resources is specified as follows:

1. Permit recipients:

Organizations and individuals using water for production, business, scientific research, hospitals, urban areas, concentrated residential zones, and other activities, if discharging wastewater into water sources, must apply for permission from the competent state management agency as prescribed in Clause 5 of this Article.

2. Conditions for issuance of permits:

Issuing permits for discharging wastewater into water sources must be based on:

a. The Law on Water Resources and other relevant laws;

b. Water resource protection, exploitation, and utilization planning, and planning for preventing adverse effects caused by water in river basins and irrigation systems;

c. The capacity of water sources to accept wastewater; wastewater standards;

d. Proposals from the river basin planning management agency; organizations and individuals managing and exploiting irrigation works.

3. Duration of permits:

a. The duration of the permit is from three to five years for discharging wastewater into water sources;

b. In cases where the permit usage period has expired, the competent authority issuing the permit may decide to extend it, but each extension shall not exceed three years;

c. The permit usage period may be changed in the following circumstances:

The water source cannot ensure the capacity to accept wastewater;

There is a significant increase in water demand and wastewater discharge without appropriate treatment measures;

A special situation arises necessitating restrictions on discharging wastewater into water sources.

4. Revocation and suspension of permits:

Revocation or suspension of the effectiveness of wastewater discharge permits shall be applied in the following cases:

a. Organizations and individuals discharging wastewater in violation of the contents stipulated in the permit;

b. Organizations and individuals discharging wastewater in violation of the provisions of Clause 2, Article 19 of the Law on Water Resources;

c. Organizations and individuals discharging wastewater into water sources that have been dissolved, transferred, or declared bankrupt;

d. Permits issued beyond the authorized jurisdiction;

đ. Permits not used for one year without justifiable reasons;

e. When the competent state authority deems it necessary to revoke or suspend the effectiveness of the permit due to national defense, security, or public interest.

5. Authority to issue and revoke permits:

a. The Ministry of Agriculture and Rural Development shall implement the issuance and revocation of Discharge Permits for discharging wastewater into water sources and inter-provincial irrigation systems.

b. Provincial People's Committees and municipal People's Committees under the central government shall implement the issuance and revocation of Discharge Permits for discharging wastewater into water sources and irrigation systems under their management; Discharge Permits for discharging wastewater into inter-provincial water sources and irrigation systems managed by provinces must be agreed upon in writing by the Ministry of Agriculture and Rural Development.

c. State management agencies authorized to issue certain types of permits have the right to revoke such permits.

6. The Ministry of Agriculture and Rural Development shall stipulate procedures for issuing permits and regulations on delegating authority to issue discharge permits for wastewater.

Article 6. The submission of permit fees, discharge fees, and pollution prevention fees as prescribed in Article 7 and point b, Clause 2, Article 19 of the Water Resources Law shall be specified as follows:

1. Organizations and individuals applying for a permit to discharge treated wastewater into water sources must pay the permit fee.

2. Organizations and individuals requiring discharge of wastewater into water sources and irrigation systems must pay the discharge fee.

3. Organizations and individuals discharging domestic wastewater into the common drainage systems of cities, towns, and concentrated residential areas must pay the pollution prevention fee.

4. Organizations and individuals engaged in production and business activities discharging wastewater into the common drainage systems of cities, towns, and concentrated residential areas must pay the discharge fee; if organizations and individuals apply advanced scientific and technological methods ensuring less discharge volume and better wastewater treatment than required, they may be exempted or granted reductions in the discharge fee.

5. Permit fees, discharge fees, and pollution prevention fees shall be used for the management and protection of water resources. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance to guide procedures for collecting, paying, managing, and using discharge fees, pollution prevention fees, and exemptions and reductions thereof.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to submit to the Prime Minister for decision on the rates of permit fees, discharge fees, and pollution prevention fees for water sources.

Chapter III

EXPLOITATION AND USE OF WATER RESOURCES

Article 7. The regulation on the adjustment and distribution of water resources as stipulated in Article 20 of the Water Resources Law shall be specified as follows:

1. State management agencies for water resources, based on river basin planning and the actual potential of water sources, shall notify the capacity of water sources to relevant sectors and localities to develop plans for population arrangement and socio-economic development that are consistent with the potential of water sources.

When water supply cannot meet demand, relevant sectors and localities must adjust their plans for population arrangement and socio-economic development to align with the actual capacity of water sources.

2. In case of severe drought causing serious water shortages, state management agencies for water resources shall implement the adjustment and distribution of water resources according to the following principles:

a. Ensuring minimum water supply for daily living needs;

b. Water requirements for livestock breeding, poultry farming, and aquaculture and agriculture;

c. Ensuring water supply for important industrial facilities and research institutions;

d. Ensuring water supply for food security programs and high-value crops;

e. Other purposes of water exploitation and use.

State management agencies for water resources as stipulated in Clauses 1 and 2 of this provision shall be responsible for developing plans for the adjustment and distribution of water resources.

Article 8. The financial obligations of organizations and individuals as stipulated in point e, Clause 1, Article 23 of the Water Resources Law shall be specified as follows:

1. Organizations and individuals exploiting and using water resources, except those not required to obtain permission as stipulated in Clause 2, Article 24 of the Water Resources Law, must pay resource taxes as prescribed by law;

2. Pay usage fees for water as prescribed by law;

3. Compensate for damages caused by themselves during the exploitation and use of water resources as prescribed by law;

4. Pay permit fees for the exploitation and use of water resources;

5. Permit fees for exploitation and usage fees for water shall be used for the management and protection of water resources.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to submit to the Prime Minister for decision on the rates of usage fees and permit fees for water exploitation and use.

Article 9. The issuance of permits and the exploitation and use of water resources as stipulated in Clause 1, Article 24 of the Water Resources Law shall be specified as follows:

1. Objectives for issuing permits:

Organizations and individuals exploiting and using water resources for living, agricultural production, industry, mining, power generation, and other purposes must apply to the competent state management agency for a permit as prescribed in Clause 5 of this provision.

2. Conditions for issuing permits:

The issuance of permits for water exploitation and use must be based on:

a. Laws on water resources and related laws;

b. Planning for the protection, exploitation, and use of water resources and prevention of water-related hazards in river basins and irrigation system planning; results of surveys and reports on groundwater exploration by specialized agencies or expert panels;

c. Actual capacity of water sources, water supply standards, and water demand;

d. Proposals from river basin planning management agencies, organizations, and individuals managing and exploiting irrigation works.

3. Duration of the permit:

a. The duration of the permit is 20 years for surface water exploitation and use; 15 years for groundwater exploitation and use;

b. If the permit has expired, the competent authority issuing the permit may decide to extend it, but each extension shall not exceed 10 years;

c. The duration of the permit may be changed in the event of any of the following circumstances:

- The water source cannot ensure normal water supply;

- Groundwater extraction exceeds the prescribed limit, leading to depletion or serious pollution of groundwater.

- There is a high demand for water without appropriate measures to treat or supplement water sources;

- Special circumstances arise necessitating the restriction on the extraction and use of water.

4. Revocation and suspension of permits:

The revocation and suspension of the effectiveness of water extraction and use permits shall be carried out in the following cases:

a. Organizations or individuals extracting or using water violate the contents stipulated in the permit;

b. Organizations or individuals extracting or using water violate the provisions of Article 23 of the Water Resources Law;

c. Organizations or individuals extracting or using water are dissolved or declared bankrupt;

d. Permits issued beyond the authorized jurisdiction;

d. The permit has not been used for a period of one year without valid reasons.

e. When the competent state authority deems it necessary to revoke or suspend the effectiveness of the permit due to national defense, security, or public interest.

5. Authority to issue and revoke permits:

a. The Ministry of Agriculture and Rural Development issues and revokes the following types of water extraction and use permits:

- Permits for the extraction and use of water for national important works that have been approved by the Prime Minister;

- Permits for the exploration and extraction of underground water for centralized water extraction projects with a flow rate of 1,000 m³/day/night or more;

- Permits for surface water withdrawal for agriculture, industry, mining, and daily life with a flow rate of 2 m³/s or more;

- Permits for water extraction and use for power generation with a capacity of 500 kW or more.

b. Provincial People's Committees and municipal people's committees under the central government issue and revoke the following types of water extraction and use permits:

- Permits for the exploration and extraction of underground water for underground water extraction projects with a flow rate of less than 1,000 m³/day/night;

- Permits for surface water withdrawal for agricultural production, industry, mining, and daily life with a flow rate of less than 2 m³/s;

/s;

- Permits for water extraction and use for power generation with a capacity of less than 500 kW.

c. The Ministry of Agriculture and Rural Development issues permits for the extraction and use of water resources for other purposes within river basins and inter-provincial hydraulic systems;

d. Provincial People's Committees and municipal people's committees under the central government issue permits for the extraction and use of water resources for other purposes within river basins and local hydraulic systems; they implement the issuance of water extraction and use permits within inter-provincial river basins and hydraulic systems according to the delegation of the Ministry of Agriculture and Rural Development;

e. State management agencies responsible for issuing any type of permit have the authority to revoke such permits.

Article 10.

6. The Ministry of Agriculture and Rural Development shall specify the procedures for issuing permits for the extraction and use of water resources.

1. Provincial People's Committees and municipal people's committees under the central government shall specify small-scale levels of water extraction and use within households as provided in points a, b, and c of Clause 2, Article 24 of the Water Resources Law, in accordance with the guidelines of the Ministry of Agriculture and Rural Development.

Article 11.

Cases of water extraction and use specified in point d of Clause 2, Article 24 of the Water Resources Law include cases of water resource extraction and use for forestry, inland water transport, aquaculture, salt production, sports, entertainment, tourism, healthcare, convalescence, scientific research, and non-commercial purposes.

The right to convey water as stipulated in Article 33 of the Water Resources Law shall be implemented in accordance with Articles 274, 275, 282, and 283 of the Civil Code.

Article 12. When organizations or individuals need to supplement, change the purpose, or scale of water resource extraction and use as stipulated in Article 35 of the Water Resources Law, they must submit an application and prepare a project plan to be reviewed by the competent state management agency to issue the permit as stipulated in Clause 5, Article 9 of this Decree.

Chapter IV

STATE MANAGEMENT OF WATER RESOURCES

Article 13. The Ministry of Agriculture and Rural Development is responsible before the Government for performing state management functions over water resources nationwide, including:

1. Leading and coordinating with relevant ministries, sectors, provincial people's committees, and municipal people's committees under the central government to develop and direct the implementation of strategies, plans, policies, and regulations concerning the protection, exploitation, utilization, and development of water resources; prevention, control, and mitigation of adverse effects caused by water; compiling lists of river basins to be submitted to the Prime Minister for decision;

2. Developing and submitting to the Government for promulgation or promulgating within its authority legal instruments, procedures, standards, and norms regarding the protection, exploitation, utilization of water resources, prevention, control, and mitigation of adverse effects caused by water;

3. Compiling and managing basic investigation results, inventory, and assessment of water resources nationwide; establishing a database on water resources and conducting inventory and assessment of water resources within the scope of the Ministry of Agriculture and Rural Development's management functions;

4. Deciding within its authority on the regulation and distribution of water resources as stipulated in Clause 3, Article 7 of this Decree; issuing, revoking, extending permits, or delegating to provincial people's committees and municipal people's committees under the central government to issue, revoke, extend permits for water resources, drilling exploration, geological survey, exploration, construction of underground water extraction projects as prescribed in this Decree;

5. Deciding within its authority or submitting to the Prime Minister for decision on measures, mobilizing forces, materials, and means to prevent, control, and mitigate flood, drought, and other adverse effects caused by water; handling accidents in hydraulic works;

6. Organizing specialized inspections on water resources management; resolving disputes, complaints, and denunciations in the field of water resources law;

7. Summarizing and proposing to the Government for handling issues in international relations concerning water resources;

8. Proposing to the Government on the functions, tasks, powers, and organizational structure of state management agencies for water resources; promoting and disseminating laws on water resources;

9. Managing the exploitation and protection of hydraulic works, flood and storm prevention work, and organizing the implementation of rural clean water and environmental sanitation programs.

Article 14. The ministries, ministerial-level agencies, and government agencies shall be responsible for their respective functions and tasks:

1. The General Bureau of Meteorology and Hydrology shall cooperate with relevant ministries and sectors to establish and implement annual and long-term plans for basic surveys on the quantity and quality of surface water resources.

2. The Ministry of Science, Technology, and Environment shall cooperate with relevant ministries and sectors to develop water quality standards; monitor and limit acid rain.

3. The Ministry of Industry shall cooperate with relevant ministries and sectors to establish and implement annual and long-term plans for basic geological surveys of underground water resources; develop operational procedures for reservoirs of hydropower plants, safety measures for hydropower works, and comprehensive water resource exploitation plans to be submitted to the Prime Minister for decision.

4. The Ministry of Transport shall cooperate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to develop and implement planning for inland waterway networks and construction of inland waterway infrastructure.

5. The Ministry of Construction shall cooperate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to develop and implement planning for urban water supply and drainage, industrial zones, and concentrated residential areas.

6. The Ministry of Fisheries shall cooperate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to develop and implement planning for the protection, exploitation, and utilization of water resources for the development of inland fisheries.

7. The Ministry of Planning and Investment shall cooperate with relevant ministries and sectors to compile investment budgets for projects related to water resource management, protection, exploitation, and utilization; prevention, control, and mitigation of adverse effects caused by water; and submit these plans to the Prime Minister for decision.

8. The Ministry of Finance shall cooperate with the Ministry of Agriculture and Rural Development to develop policies on water resource taxes, fees, and charges; and submit these policies to the Prime Minister for decision.

Article 15. Provincial People's Committees and municipal people's committees under central jurisdiction shall be responsible for:

1. Developing and directing the implementation of planning and programs for the protection, exploitation, utilization, and development of water resources; prevention, control, and mitigation of adverse effects caused by water at the local level.

2. Guiding the implementation of regulations of the Government and ministries regarding water resource management, protection, exploitation, and utilization; prevention, control, and mitigation of adverse effects caused by water at the local level.

3. Organizing and directing the implementation of basic surveys, inventory, and evaluation of water resources at the local level according to guidelines from the Ministry of Agriculture and Rural Development and relevant ministries and sectors.

4. Issuing, revoking, and renewing permits for water resources, drilling investigation, geological survey, exploration, and construction of underground water extraction works according to this Decree and guidelines from the Ministry of Agriculture and Rural Development; regulating and distributing water at the local level according to guidelines from the Ministry of Agriculture and Rural Development.

5. Deciding on measures, mobilizing forces, materials, and equipment for flood, drought, and water shortage prevention and control; handling accidents in water conservancy works and other adverse effects caused by water at the local level according to guidelines from the Ministry of Agriculture and Rural Development.

6. Organizing water resource inspection work; resolving or participating in resolving disputes over water resources and handling violations of water resource laws at the local level according to the authority stipulated in Article 62 of the Water Resources Law and other legal provisions; promoting and disseminating water resource laws at the local level.

7. Implementing international agreements that the Socialist Republic of Vietnam has signed or joined.

8. Specifying protected water quality zones and small-scale exploitation and utilization levels of water resources according to Clause 1, Article 10 of this Decree.

Article 16.

1. The National Council on Water Resources, as provided for in Article 63 of the Water Resources Law, shall have the task of advising the Government:

a. National water resources strategy and policy;

b. Approving river basin plans for major rivers;

c. Transferring water between major river basins;

d. Projects on water resource protection, exploitation, and utilization decided by the Government; flood, drought prevention, and control, and other adverse effects caused by water;

đ. Management, protection, exploitation, and utilization of international water sources and resolution of arising disputes;

e. Resolving disputes over water resources among ministries and sectors and between ministries and sectors and provincial people's committees and municipal people's committees under central jurisdiction and among provinces and municipalities under central jurisdiction.

2. The establishment and rules of organization and operation of the National Council on Water Resources shall be decided by the Prime Minister.

Article 17. The organization and operation of river basin planning management agencies as provided for in Article 64 of the Water Resources Law are specified as follows:

1. Based on the approved list of river basins, the Minister of Agriculture and Rural Development shall decide on the establishment and specific rules of organization and operation of the river basin planning management agency for the Red River - Thai Binh River Basin and the Mekong River Basin.

2. The Chairperson of the provincial people's committee and municipal people's committee under central jurisdiction shall decide on the establishment and rules of organization and operation of river basin planning management agencies for rivers within their jurisdictions according to guidelines from the Ministry of Agriculture and Rural Development.

Article 18. The system of specialized inspection organizations for water resources:

1. Central specialized inspection organizations for water resources are under the Ministry of Agriculture and Rural Development.

2. Local specialized inspection organizations for water resources are under the Department of Agriculture and Rural Development.

The establishment and issuance of operational rules for specialized inspection organizations for water resources at all levels shall be decided by the Government.

Chapter V

IMPLEMENTING PROVISIONS

Article 19. This Decree shall take effect fifteen days after its signing date. Previous regulations contrary to this Decree shall be abolished.

Article 20. The Minister of Agriculture and Rural Development and the Ministers of relevant ministries and sectors shall be responsible for guiding the implementation of this Decree.

Article 21. The Minister, the head of a ministry-level agency, the head of a government agency, and the Chairperson of the provincial people's committee and municipal people's committee under central jurisdiction shall be responsible for implementing this Decree.