Ordinance No. 32/2001/PL-UBTVQH10 on Exploitation and Protection of Irrigation Works

ORDINANCE

Exploitation and Protection of Irrigation Works

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To enhance the effectiveness of state management, increase the responsibility of state agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational social organizations, people's armed units, and all individuals in the exploitation and protection of irrigation works for production purposes, economic and social development, and to contribute to ensuring social safety and national security;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Water Resources Law;

Based on the Resolution of the 10th National Assembly, 8th Session regarding the Law and Ordinance Building Program for 2001;

This Ordinance stipulates the exploitation and protection of irrigation works.

Chapter I

GENERAL PROVISIONS

Article 1

This Ordinance applies to irrigation works that have been constructed and put into operation.

The exploitation and protection of irrigation works related to dikes, flood prevention and storm protection works, hydropower works, urban water supply and drainage works must comply with the provisions of this Ordinance and the laws on dikes, flood prevention and storm protection, hydropower works, urban water supply and drainage, and the Water Resources Law.

Article 2

In this Ordinance, the following terms shall be understood as follows:

1. "Irrigation work" means infrastructure works aimed at exploiting the benefits of water; preventing and mitigating damage caused by water; protecting the environment and maintaining ecological balance, including: reservoirs, dams, sluices, pumping stations, wells, water pipelines, canals, structures on canals, and various types of embankments.

2. "System of irrigation works" includes irrigation works directly related to each other in terms of exploitation and protection within a specific area.

3. "Irrigation fee" is the service fee collected from organizations and individuals using water or services from irrigation works for agricultural production purposes to contribute to the costs of managing, maintaining, repairing, and protecting irrigation works.

4. "Water charge" is the price charged in contracts for water services collected from organizations and individuals using water or services from irrigation works outside agricultural production purposes.

5. "Wastewater discharge fee" is the fee collected from organizations and individuals discharging wastewater into irrigation works to contribute to the costs of protecting water quality.

6. "Water user cooperative" is a form of cooperation among those benefiting from irrigation works, responsible for exploiting and protecting the works, serving production and public welfare.

Article 3

1. The exploitation and protection of irrigation works must ensure the integrity of the works, not dividing them according to administrative boundaries.

2. The exploitation and protection of irrigation works built from any source of capital must comply with planning, plans, procedures, regulations, technical standards, and investment projects approved by competent state authorities.

3. Each system of irrigation works or individual irrigation work must be managed and exploited for protection by one organization or individual according to the decision of the competent state management authority.

Organizations and individuals benefiting from irrigation works have the responsibility to participate in building exploitation plans and protection schemes for the works.

4. Irrigation works shall be exploited and used comprehensively to serve the national economy.

5. The exploitation and protection of irrigation works must ensure requirements for preventing degradation, depletion, pollution of water sources, and other damages caused by water, ensuring the safety of the works.

6. Based on the scale, economic and social significance, and defense and security, the Government shall stipulate criteria for important national irrigation works and systems of irrigation works.

Article 4

The State has policies:

1. Prioritizing investment and support for the exploitation and protection of irrigation works;

2. Encouraging and protecting the legitimate rights and interests of domestic organizations and individuals, foreign organizations and individuals investing capital, conducting scientific research, and applying scientific and technological progress in the exploitation and protection of irrigation works;

3. Encouraging organizations and individuals benefiting from irrigation works to participate in their exploitation and protection.

Article 5

People's Councils and People's Committees at all levels within their respective duties and powers implement measures for the exploitation and protection of irrigation works; supervise and inspect the implementation of laws on the exploitation and protection of irrigation works in their localities.

The Vietnam Fatherland Front and its member organizations within their respective duties and powers are responsible for promoting and mobilizing the people to implement and supervise the enforcement of laws on the exploitation and protection of irrigation works.

Article 6

State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational social organizations, people's armed units, and all individuals have the responsibility to comply with the provisions of the law on the exploitation and protection of irrigation works.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. Organizations and individuals using water, providing services from irrigation works, discharging wastewater into irrigation works have the responsibility to pay irrigation fees, water charges, and wastewater discharge fees to the organizations or individuals directly managing the exploitation and protection of irrigation works in accordance with the law.

2. People's Committees at all levels have the responsibility to direct and inspect the collection and payment of irrigation fees, water charges, and wastewater discharge fees in their localities.

Article 8

Strictly prohibited are acts of damaging irrigation works; misappropriating and illegally using irrigation fees, water charges, and wastewater discharge fees.

Chapter II

EXPLOITATION OF IRRIGATION WORKS

Article 9

1. Irrigation works constructed with state budget funds or having their origins from state budget funds are managed and exploited for protection by state-owned enterprises, except as provided for in Article 10 of this Ordinance.

2. Irrigation works constructed with state budget support and contributions from organizations and individuals using water are managed and exploited for protection by water user cooperatives.

3. Irrigation works constructed with capital from organizations and individuals are managed and exploited for protection by those organizations and individuals in accordance with the law.

The competent state management authority decides to establish management organizations for irrigation works specified in Clause 1 and Clause 2 of this Article.

Article 10

Based on the scale and nature of the irrigation works and the actual conditions of each locality, the Government stipulates the transfer of irrigation works constructed with state budget funds to organizations and individuals for management, exploitation, and protection.

Article 11

Pursuant to this Ordinance and relevant laws, the Government stipulates the regime, policies, rights, and obligations of organizations and individuals managing, operating, and protecting water conservancy works as prescribed in Clause 3, Article 9 and Article 10 of this Ordinance.

Article 12

1. State-owned enterprises exploiting water conservancy works and organizations using water cooperatively operate under a public welfare system when serving agricultural production.

2. The State has preferential policies for allocating funds for the repair and upgrading of water conservancy works in areas with difficult socio-economic conditions and areas with extremely difficult socio-economic conditions.

Article 13

State-owned enterprises exploiting water conservancy works and organizations using water cooperatively carry out irrigation and drainage services for agricultural production and are provided funding by the State in the following cases:

1. Pumping water to prevent flooding from pumping stations constructed according to planning and operated according to procedures approved by competent state authorities;

2. Pumping water to prevent drought beyond the specified limit;

3. Major repairs and upgrades of water conservancy works according to basic construction investment projects approved by competent state authorities;

4. Water conservancy fees lost due to natural disasters causing crop failures;

5. Restoring water conservancy works damaged by natural disasters according to basic construction investment projects approved by competent state authorities.

The Government shall specify in detail the provision of funding for the cases stipulated in this Article.

Article 14

1. Organizations and individuals using water or providing water services from water conservancy works for agricultural production purposes must pay water conservancy fees.

2. Organizations and individuals using water or providing services from water conservancy works for non-agricultural production purposes must pay water charges.

3. Organizations and individuals discharging wastewater into water conservancy works must pay wastewater discharge fees.

4. State-owned enterprises exploiting water conservancy works or organizations using water cooperatively collect water conservancy fees, water charges, and wastewater discharge fees in accordance with the provisions of the law.

The Government shall prescribe the framework for water conservancy fees, water charges, and wastewater discharge fees for different types of water conservancy works, different categories of water users, different categories of service providers from water conservancy works, and the actual conditions of each region nationwide.

The Ministry of Agriculture and Rural Development shall specify in detail the levels of water conservancy fees, water charges, and wastewater discharge fees for state-owned enterprises exploiting water conservancy works under its management.

Provincial People's Committees and municipal people's committees directly under the central government shall specify in detail the levels of water conservancy fees, water charges, and wastewater discharge fees for state-owned enterprises exploiting water conservancy works and organizations using water cooperatively under their local management.

Article 15

The financial resources of state-owned enterprises exploiting water conservancy works or organizations using water cooperatively include:

1. Water conservancy fees, water charges, and wastewater discharge fees;

2. State budget allocations as prescribed in Article 13 of this Ordinance;

3. Revenues from the comprehensive exploitation of water conservancy works.

Article 16

The Government shall stipulate:

1. Payment methods and payment times for water conservancy fees, water charges, and wastewater discharge fees of organizations and individuals benefiting from water conservancy works to be paid to state-owned enterprises exploiting water conservancy works and organizations using water cooperatively;

2. Payment times for electricity charges of state-owned enterprises exploiting water conservancy works and organizations using water cooperatively to be paid to electricity business enterprises.

Article 17

State-owned enterprises exploiting water conservancy works and organizations using water cooperatively have the following responsibilities:

1. To regulate and distribute water fairly and reasonably to serve production and daily life, prioritizing domestic water; to implement contracts with organizations and individuals using water or providing services from water conservancy works; to compensate for damages as prescribed in Clause 6, Article 19 of this Ordinance;

2. To implement plans, procedures, technical regulations, standards, and investment projects of water conservancy work systems that have been approved by competent state management authorities;

3. To monitor, detect, and promptly address incidents; to maintain, repair, and ensure safe operation of works; to inspect and repair works before and after the rainy season;

4. To act as the investor in the maintenance, repair, and upgrade of water conservancy works; to maintain and develop the capacity of works, ensuring safety and long-term use of works;

5. To establish or participate in establishing operational procedures for works, reservoir water regulation procedures, and system operation procedures, submit them to competent authorities for approval, and organize implementation;

6. To monitor, track, and collect data as prescribed; to research, synthesize, and apply scientific and technological advancements in the exploitation and protection of water conservancy works; to archive records of water conservancy work exploitation;

7. To protect water quality; to prevent and control water depletion and degradation; to prevent and control floods, saline intrusion, and other harmful effects caused by water;

8. To organize for the people to participate in building exploitation plans and protection schemes for works;

9. Other tasks as prescribed by law.

Article 18

State-owned enterprises exploiting water conservancy works and organizations using water cooperatively have the following rights:

1. To receive funding from the State as prescribed in Article 13 of this Ordinance and other relevant laws;

2. To enter into contracts with organizations and individuals using water or providing services from water conservancy works they exploit;

3. To collect water conservancy fees, water charges, and wastewater discharge fees according to contracts;

4. To request local People's Committees to mobilize public labor for the repair, maintenance, upgrade, and handling of incidents concerning water conservancy works in accordance with the law;

5. To request local People's Committees where water conservancy works are located to take necessary measures to ensure the safety of works if the works are being harmed or there is a risk of incidents occurring;

6. To request local People's Committees or seek resolution from People's Courts in cases where organizations and individuals benefiting from water conservancy works intentionally fail to pay sufficient water conservancy fees and resolve disputes over water usage contracts;

7. To comprehensively exploit water conservancy works according to approved investment projects and technical designs by competent state authorities;

8. Other rights as prescribed by law.

Article 19

Organizations and individuals using water or providing services from irrigation works have rights and obligations:

1. Participate in developing plans for exploitation and protection schemes for irrigation works;

2. Have plans for water usage and wastewater discharge, sign and implement contracts with state-owned enterprises exploiting irrigation works, or organizations cooperating in water use;

3. Use water reasonably, economically, and protect the water environment;

4. Pay irrigation fees, water charges, and wastewater discharge fees according to contracts;

5. Protect irrigation works within their usage scope;

6. Be entitled to compensation for damages caused by state-owned enterprises exploiting irrigation works or organizations cooperating in water use when they fail to fulfill contracts, except where otherwise provided by law;

7. Other rights and obligations as prescribed by law.

Article 20

1. For irrigation systems related to multiple localities, a Management Council for the system may be established. The composition of the Management Council for the system includes:

a) Representatives of state management agencies responsible for the exploitation and protection of irrigation works;

b) Representatives of local authorities related to the irrigation system;

c) Managers of state-owned enterprises exploiting irrigation works or organizations cooperating in water use;

d) Representatives of organizations and individuals benefiting from the irrigation system;

đ) Representatives of relevant sectors;

2. The Management Council for the system is responsible for deciding policies and plans for exploiting the system; supervising the activities of state-owned enterprises exploiting irrigation works or organizations cooperating in water use; and mediating interests among organizations and individuals benefiting from the irrigation system;

The Minister of Agriculture and Rural Development decides or delegates the decision on establishing the Management Council for the system and guides its operations;

Chapter III

PROTECTION OF IRRIGATION WORKS

Article 21

1. Organizations and individuals directly managing and exploiting irrigation works must develop protection plans for such works and submit them for approval by competent state management agencies;

2. The agency managing a particular irrigation work has the responsibility to approve the protection plan for that work;

The Ministry of Agriculture and Rural Development provides guidance on the development and approval of protection plans for irrigation works;

Article 22

1. Organizations and individuals managing and exploiting a particular irrigation work are responsible for directly protecting that work;

2. People's Committees at all levels organize the implementation of approved protection plans for irrigation works as follows:

a) Irrigation works serving a commune, ward, or town shall be organized by the People's Committee of that commune, ward, or town to implement the protection plan;

b) Systems of irrigation works serving multiple communes, wards, or towns within a district, city district, provincial city, or centrally-administered city shall be organized by the People's Committee of that district, city district, provincial city, or centrally-administered city to implement the protection plan, or delegate it to the People's Committee of the commune, ward, or town where the works are located;

c) Systems of irrigation works serving multiple districts, city districts, provincial cities, or centrally-administered cities within a province or centrally-administered city shall be organized by the People's Committee of that province or centrally-administered city to implement the protection plan, or delegate it to the People's Committee of the district, city district, provincial city, or centrally-administered city where the works are located;

d) Systems of irrigation works serving multiple provinces or centrally-administered cities shall be organized by the Ministry of Agriculture and Rural Development to implement the protection plan, or delegate it to the People's Committee of the province or centrally-administered city where the works are located;

3. Systems of national key irrigation works shall be managed by the designated ministry, in coordination with the Ministry of Public Security, the Ministry of National Defense, and other relevant ministries to develop protection plans, submit them to the Prime Minister for decision, and direct their implementation;

Article 23

1. When discovering damage to or potential hazards for irrigation works, the person who discovers it must take immediate action to stop and rectify if possible, and report immediately to the People's Committee, the organization or individual managing and protecting the works, or the nearest state agency for handling;

2. Organizations and individuals benefiting from irrigation works must participate in developing protection plans for the works; in case of accidents or potential hazards, they must participate in rescue efforts as mobilized by the Chairman of the local People's Committee;

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Any changes to standards, scale, or purpose of existing irrigation works, or construction of additional works into the system must comply with planning and plans, and require investment projects and protection plans approved by competent state management agencies;

Article 25

1. The scope of protection for irrigation works includes the works themselves and adjacent areas. The definition of adjacent areas must be based on design standards, procedures, and technical regulations to ensure safety of the works and facilitate their operation and protection;

2. Within the adjacent area, land use must not obstruct operation or endanger the safety of the works; there must be access paths for monitoring, management, and emergency repairs when accidents occur;

3. The scope of adjacent areas for irrigation works is defined as follows:

a) For dams of water reservoirs, the adjacent area for protecting the dam extends from the base of the dam outward:

- For Class I dams, a minimum of 300 meters, with a non-infringement zone of 100 meters adjacent to the base, the remaining area can be used for purposes that do not compromise dam safety;

- For Class II dams, a minimum of 200 meters, with a non-infringement zone of 50 meters adjacent to the base, the remaining area can be used for purposes that do not compromise dam safety;

- For Class III dams, a minimum of 100 meters, with a non-infringement zone of 40 meters adjacent to the base, the remaining area can be used for purposes that do not compromise dam safety;

- For Class IV dams, the minimum length is 50 meters, with a non-infringement zone of 20 meters adjacent to the dam's base, and the remaining area may be used for purposes that do not endanger the dam's safety;

- For Class V dams, the minimum length is 20 meters, with a non-infringement zone of 5 meters adjacent to the dam's base, and the remaining area may be used for purposes that do not endanger the dam's safety.

b) For floating canals with a flow rate from 2 m³/second to 10 m³/second, the protection range from the outer edge of the canal is from 2 meters to 3 meters; for a flow rate greater than 10 m³/second, the protection range from the outer edge of the canal is from 3 meters to 5 meters;

c) For saltwater barriers and freshwater retention structures at river mouths, protection must comply with laws on dike management;

d) For reservoir areas and surrounding protective zones for works, the calculation starts from the boundary line at the elevation level of the dam crest down towards the reservoir basin.

4. The protection of pumping stations, submerged channels, or reinforced channels shall be regulated as follows:

a) Pumping stations must have protective fences;

b) Submerged channels must have settling ponds for silt removal;

c) Reinforced channels must have pathways for management.

5. For water conservancy projects that have changed standards, scale, purpose of use, or been reinforced to higher standards, the surrounding areas may be adjusted to fit reality but must ensure safety and be approved by competent state management authorities.

6. The Government shall specify the protection zones for important national water conservancy projects.

Provincial People's Committees and municipal people's committees under the central government shall specify the specific protection zones for each type of water conservancy project within their jurisdiction.

Article 26

Within the protection zones of water conservancy projects, the following activities may only be carried out with permits:

1. Constructing new works within the protection zone of water conservancy projects;

2. Discharging wastewater into water conservancy projects;

3. Other activities related to the safety of water conservancy projects as prescribed by the Government.

The Ministry of Agriculture and Rural Development shall stipulate the authority and procedures for issuing permits.

Article 27

1. Flood prevention measures for water storage facilities must be conducted regularly and timely rescue operations must be carried out when there is a risk of accidents or floods threatening the facility.

2. Rescue operations for water storage facilities must comply with the provisions of this Ordinance and other relevant laws.

Organizations and individuals managing and protecting water storage facilities are responsible for developing plans to ensure the safety of the reservoirs consistent with safety plans for cascade reservoirs upstream and downstream; rescue plans must be approved by competent state authorities as stipulated in Articles 21 and 22 of this Ordinance.

3. People's Committees at all levels, according to their tasks and powers, are responsible for organizing rescue operations for water storage facilities in their localities and participating in rescue operations for water storage facilities in other localities as prescribed by law.

Article 28

Strictly prohibit the following acts:

1. Encroachment and illegal use of land within the protection zones of water conservancy projects; activities hindering the management, repair, and handling of works during emergencies;

2. Illegal acts causing danger to water conservancy projects within their protection zones, including:

a) Unauthorized drilling, excavation, construction within the protection zones of water conservancy projects causing danger to the works;

b) Using harmful explosives; arbitrarily dismantling or filling water conservancy works for public benefit;

3. Discharging hazardous waste, untreated or inadequately treated wastewater into water conservancy projects;

4. Operating water conservancy projects contrary to established technical procedures and regulations;

5. Other acts causing danger to water conservancy projects.

Chapter IV

STATE MANAGEMENT OF WATER CONSERVANCY PROJECTS' EXPLOITATION AND PROTECTION

AND PROTECTING HYDRAULIC WORKS

Article 29

The content of state management of exploitation and protection of water conservancy projects includes:

1. Developing and directing the implementation of strategies, planning, programs, policies on the exploitation and protection of water conservancy projects;

2. Issuing and implementing legal normative documents, procedures, norms, and standards on the exploitation and protection of water conservancy projects;

3. Deciding on adjustments to the planning of water conservancy project systems, investment projects for repairing and upgrading water conservancy projects, and financial plans for state-owned enterprises exploiting water conservancy projects, organizations using water cooperatively;; supervising construction quality; organizing acceptance and handover of works;

4. Issuing and revoking permits for activities requiring permission within the protection zones of water conservancy projects;

5. Approving protection plans for water conservancy projects; deciding on measures to address situations where water conservancy projects are at risk of accidents; directing the regulation and distribution of water from water conservancy projects in cases of drought, prioritizing water for domestic use;

6. Organizing the application of scientific and technological progress in the exploitation and protection of water conservancy projects; organizing propaganda and dissemination of laws on the exploitation and protection of water conservancy projects; training and enhancing professional skills for those engaged in the management of exploitation and protection of water conservancy projects;

7. Inspecting, auditing, resolving disputes, complaints, and accusations, and handling violations of laws on the exploitation and protection of water conservancy projects;

8. Implementing international cooperation in the field of exploitation and protection of water conservancy projects.

Article 30.

1. The Government shall uniformly manage state administration over the exploitation and protection of water conservancy projects.

2. The Ministry of Agriculture and Rural Development shall be responsible before the Government for managing state administration over the exploitation and protection of water conservancy projects.

3. Ministries, agencies equivalent to ministries, and government agencies shall cooperate with the Ministry of Agriculture and Rural Development to manage state administration over the exploitation and protection of water conservancy projects according to the division of labor by the Government.

4. People's Committees at all levels shall manage state administration over the exploitation and protection of water conservancy projects in their localities according to the delegation by the Government.

Article 31

1. The State encourages mediation of disputes regarding the exploitation and protection of water conservancy projects.

People's Committees of communes, wards, and towns shall be responsible for coordinating with the Vietnam Fatherland Front at the local level, agencies, organizations, and individuals in mediating disputes regarding the exploitation and protection of water conservancy projects in accordance with the provisions of the law.

2. The competent state agency that issues a type of permit shall be responsible for resolving complaints arising from the implementation of such permit. If the party disagrees with the decision on the complaint resolution, they have the right to appeal or file a lawsuit in accordance with the provisions of the law.

3. Other disputes regarding the exploitation and protection of waterworks shall be resolved in accordance with the provisions of the law.

Article 32

The specialized inspection body for water resources performs the function of specialized inspection concerning the exploitation and protection of waterworks, with the tasks:

1. Inspecting and supervising the compliance with laws on the exploitation and protection of waterworks;

2. Resolving complaints and denunciations concerning the exploitation and protection of waterworks in accordance with the provisions of the law.

Chapter V

REWARD AND VIOLATION HANDLING

Article 33

Organizations and individuals who achieve outstanding results in the exploitation and protection of waterworks, and who struggle against violations of laws on the exploitation and protection of waterworks shall be rewarded in accordance with the provisions of the law.

Article 34

Any person who encroaches upon land within the protected area of waterworks, fails to comply with the mobilization by the competent state agency when there is an incident at the waterwork; destroys or causes the loss of safety of waterworks; fails to fulfill financial obligations or violates other provisions of this Ordinance shall, depending on the nature and extent of the violation, be subject to administrative sanctions or criminal prosecution; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Article 35

Any person who lacks a sense of responsibility, abuses their position or authority to illegally use water resource fees, water charges, sewage discharge fees, covers up for persons who violate the provisions of the law on the exploitation and protection of waterworks or commits other violations shall, depending on the nature and extent of the violation, be subject to disciplinary action or criminal prosecution; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 36

Organizations and individuals granted permits for activities requiring permission within the protected area of waterworks, permits for discharging sewage into the water source of waterworks before this Ordinance comes into effect, which are still valid and not contrary to the provisions of this Ordinance and other laws, shall continue to apply the provisions of those permits, except where organizations and individuals voluntarily request new permits in accordance with this Ordinance and other laws.

Article 37

This Ordinance applies to activities related to the exploitation and protection of waterworks carried out on the territory of Vietnam by foreign organizations and individuals; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.

Article 38

This Ordinance takes effect from July 1, 2001.

This Ordinance replaces the Ordinance on the Exploitation and Protection of Waterworks which was approved by the Standing Committee of the National Assembly on August 31, 1994.

All previous regulations that conflict with this Ordinance are hereby abolished.

Article 39

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.