Decision No. 285/2006/QD-TTg On the Content of Authority to Issue and Organize Implementation of the Reservoir Operation Procedures for Hydroelectric Power Plants

Pursuant to …;

Regarding the content of authority to issue and organization to implement

Operation procedures for hydropower reservoirs

PRIME MINISTER

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

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

Pursuant to the Ordinance on Flood and Storm Prevention dated March 8, 1993;

The Ordinance amending and supplementing certain articles of the Ordinance on Flood and Storm Prevention dated August 24, 2000; the Ordinance on Dike Management dated August 24, 2000;

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

At the proposal of the Minister of Industry.

DECISION:

Article 1. Scope and objects of application

1. This Decision stipulates the content of the operation procedures for hydropower reservoirs, the authority to issue and the responsibilities of organizations and individuals in establishing, submitting, and complying with the operation procedures for hydropower reservoirs.

2. This Decision applies to organizations and individuals of all economic sectors participating in investment construction, management, and exploitation of hydropower reservoirs, except for cases where water resources are exploited for small-scale hydropower within family premises.

Article 2. Content of the operation procedures for hydropower reservoirs

1. Tasks of the hydropower project.

2. Main parameters of the hydropower project:

a) Name of the project, location of construction;

b) Main parameters of the reservoir and the project;

c) Parameters related to equipment (number of units, unit flow rate, technical characteristics of opening and closing devices).

3. Specific provisions in the operation procedures for hydropower reservoirs:

a) Provisions regarding flood control tasks:

- Early flood period, main flood period, late flood period;

- Reservoir water level during each period: early flood, main flood, late flood;

- Regular flood discharge and large flood reduction for downstream areas (applicable to projects with flood reduction functions for downstream areas);

- Operating procedures for gates to ensure safe operation, ensuring that the reservoir water level does not exceed the specified level under any circumstances;

- Principles for coordination between flood reduction and distribution works (if applicable).

b) Provisions regarding power generation tasks:

- Hydropower plant operating mode in the system;

- Requirements for downstream discharge to ensure ecological flow (if applicable);

- Requirements for downstream water level fluctuations due to hydropower plant operation (if applicable);

- Principles for coordinating power generation tasks with other comprehensive utilization tasks (if applicable).

4. Responsibilities for organizing the operation of hydropower reservoirs:

a) Responsibilities of the issuing authority;

b) Responsibilities of the implementing authority;

c) Responsibilities to notify orders to affected areas by gate operations;

d) Responsibilities for project safety;

đ) Principles for handling incidents during project operation;

e) Responsibilities for inspecting the project and reservoir before and after the flood season;

g) Responsibilities for addressing deficiencies and damages related to the project and equipment to ensure safe exploitation and operation of hydraulic works and reservoirs during the flood season.

Article 3. Authority to approve the operation procedures for hydropower reservoirs

1. The Prime Minister approves the operation procedures for hydropower reservoirs of special importance whose reservoir regulation regime has significant impacts on dike safety and socio-economic activities of provinces and centrally-administered cities or affects neighboring countries.

The Ministry of Industry organizes the review, submits to the Prime Minister for consideration and approval of the aforementioned operation procedures.

2. The Ministry of Industry takes the lead, in collaboration with the Ministry of Agriculture and Rural Development, the Central Steering Committee for Flood and Storm Prevention, and relevant ministries, sectors, and localities, to review and approve the operation procedures for hydropower reservoirs with a capacity of one million cubic meters (1,000,000 m³3. The People's Committees of provinces and centrally-administered cities take the lead, in collaboration with relevant ministries, sectors, and the local Flood and Storm Prevention Command to review and approve the operation procedures for hydropower reservoirs within their jurisdiction with a capacity less than one million cubic meters (1,000,000 m

1. The Ministry of Industry takes the lead, in collaboration with the Ministry of Agriculture and Rural Development, the Central Steering Committee for Flood and Storm Prevention, and relevant ministries, sectors, and localities, to organize inspections and audits of the implementation of this Decision and the operation procedures for hydropower reservoirs issued by competent state authorities; resolve difficulties and propose the Prime Minister to amend and supplement this Decision when necessary.³2. The People's Committees of provinces and centrally-administered cities are responsible for organizing the dissemination, guidance, and inspection of the implementation of this Decision and the operation procedures for hydropower reservoirs issued by competent state authorities at the local level according to the division of powers; resolve difficulties and propose relevant authorities to supplement and amend when necessary.

Article 4. Implementation

3. Responsibilities of organizations and individuals who are principal investors, users, exploiters, and operators of hydropower projects:

a) Principal investors of newly constructed hydropower projects are responsible for establishing the operation procedures for hydropower reservoirs, submitting them for approval by the competent authority concurrently with the basic design review;

b) Users, exploiters, and operators of currently operational hydropower projects are responsible for developing the operation procedures for hydropower reservoirs, submitting them for issuance by the competent authority within three months from the date this Decision takes effect;

c) Investors, users, exploiters, and operators of hydropower projects must bear legal responsibility for compliance with the operation procedures for hydropower reservoirs.

4. Operation procedures for hydropower reservoirs issued before the effective date of this Decision must be amended and supplemented to comply with the content of this Decision and relevant laws.

This Decision shall take effect fifteen days after its publication in the Official Gazette.

4. The operating procedures for hydropower reservoirs that were issued before the effectiveness date of this Decision must be amended and supplemented to comply with the contents of this Decision and relevant legal provisions.

Article 5. This Decision shall take effect fifteen days after its publication in the Official Gazette.

Article 6. The Ministers, Heads of agencies at the ministerial level, Heads of government agencies, Chairpersons of provincial People's Committees under the central government, and relevant organizations and individuals are responsible for implementing this Decision./.