Decree No. 38/2016/ND-CP detailing certain provisions of the Law on Meteorology and Hydrology

DECREE

Detailed regulations on some provisions of the Law on Meteorology and Hydrologyn

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On the basis of Law adopted by the Government on June 19, 2015;

On the basis of Law kh"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." hydrological meteorological activities on May 23, 11 2015;

At the proposal of the Minister of Natural Resources and Environment;

The Government issues this Decree to provide detailed regulations on some provisions registered of Law kh"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." of the Law on Meteorology and Hydrology.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on Clause 6 Article 13, Article 15, Article 25, Article 32, and Clause 3 Article 48 of the Law on Meteorology and Hydrology, including:

1. Meteorological and hydrological observation of the project owner and the provision of meteorological and hydrological observation information and data.

2. Technical buffer zones for meteorological and hydrological projects.

3. Meteorological and hydrological forecasting and warning by organizations and individuals not belonging to the national meteorological and hydrological forecasting and warning system.

4. Utilization and use of meteorological and hydrological information and data.

5. Exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, foreign organizations, and individuals not covered by international treaties to which the Socialist Republic of Vietnam is a party.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals of Vietnam; foreign organizations and individuals; and international organizations participating in meteorological and hydrological activities within the territory of the Socialist Republic of Vietnam.

Chapter II
DETAILED REGULATIONS

Section 1
METEOROLOGICAL AND HYDROLOGICAL MONITORING OF PROJECTS AND THE PROVISION OF METEOROLOGICAL AND HYDROLOGICAL MONITORING INFORMATION AND DATA

1. Projects required to monitor as stipulated in Clause 3 Article 13 of the Law on Meteorology and Hydrology include:

a) Airports;

b) Reservoirs for irrigation with flood control gates and hydropower reservoirs with a total capacity of three million cubic meters (3,000,000 m3) or more; reservoirs within the scope regulated by the inter-reservoir operation procedures in river basins;

c) Class I and Class II seaports;

d) Bridges over coastal estuaries, straits, bays, or inland waters around islands with a navigable width of 500 meters or more;

e) Cable cars serving sightseeing and tourism activities;

g) National parks;

g) National parks.

2. The Ministry of Natural Resources and Environment shall review every three years and submit to the Government for decision to adjust and supplement the types of projects required to monitor and provide meteorological and hydrological monitoring information and data in accordance with this Decree.

1. The project owner as stipulated in Clause 1 Article 3 of this Decree decides on the content of meteorological and hydrological monitoring according to the needs of utilizing the project but must ensure the minimum requirements for each type of project as follows:

a) Airports:

Civil airports monitor in accordance with the regulations of the Ministry of Transport;

Military airports monitor in accordance with the regulations of the Ministry of Defense.

b) Reservoirs:

Irrigation reservoirs with flood control gates monitor rainfall at the main dam, water levels upstream and downstream of the main dam; calculate inflow to the reservoir, outflow, and predict the potential increase in reservoir water level based on inflow, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00 during the flood season, twice a day at 07:00 and 19:00 during the dry season. In cases of flood prevention operations, the monitoring frequency and calculation should be at least once an hour.

Hydropower reservoirs monitor rainfall at the main dam, water levels upstream and downstream of the main dam; calculate inflow to the reservoir, outflow, flow through turbines, and predict the potential increase in reservoir water level based on inflow, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00 during the flood season, twice a day at 07:00 and 19:00 during the dry season. In cases of flood prevention operations, the monitoring frequency and calculation should be at least once an hour.

Reservoirs within the scope regulated by the inter-reservoir operation procedures implement monitoring in accordance with the regulations of the inter-reservoir operation procedures;

c) Seaports monitor wind direction and speed over the port area, sea level, and waves in the port waters, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00;

d) Bridges over coastal estuaries, straits, bays, or inland waters around islands monitor wind direction and speed, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00;

đ) Radio and television transmission towers combined with tourist and commercial services on the tower monitor wind direction and speed at two-thirds the height of the tower from the base, three times a day according to Hanoi time at 07:00, 13:00, and 19:00;

e) Cable cars serving sightseeing and tourism activities shall observe wind direction and speed at the highest point of the cable route, once every hour during operation time;

g) National parks monitor rainfall, air temperature, humidity, wind direction and speed, four times a day according to Hanoi time at 01:00, 07:00, 13:00, and 19:00.

2. Based on the characteristics and nature of the project, technical requirements for monitoring, and the need for information and data, the project owner as stipulated in Clause 1 Article 3 of this Decree decides on the location for meteorological and hydrological monitoring facilities or instruments suitable for the project.

The provision of meteorological and hydrological observation information and data as stipulated in Clause 5, Article 13 of the Law on Meteorology and Hydrology shall be carried out as follows:

1. The Ministry of Natural Resources and Environment organizes the provision of meteorological and hydrological monitoring information and data from stations belonging to the national meteorological and hydrological station network to the national weather forecasting and warning system and the national meteorological and hydrological database.

2. The project owner as stipulated in Clause 1 Article 3 of this Decree organizes the provision of meteorological and hydrological monitoring information and data as follows:

a) Airports:

Civil airports: Provide all meteorological and hydrological monitoring information and data during the monitoring period to the central weather forecasting and warning agency. The time of providing information and data is according to Hanoi time:

At 01:15: Information and data from 19:01 the previous day to 01:00;

At 07:15: Information and data from 01:01 to 07:00;

At 13:15: Information and data from 07:01 to 13:00;

At 19:15: Information and data from 13:01 to 19:00;

Military airports provide according to the regulations of the Ministry of Defense.

b) Reservoirs:

Within thirty minutes from the time specified in point b, Clause 1, Article 4 of this Decree, reservoirs with flood control gates and hydropower reservoirs with a total capacity of one hundred million cubic meters (100,000,000 m3) or more shall provide all meteorological and hydrological observation information and data to the central and provincial weather forecasting and warning agencies and the provincial state management agency for natural resources and environment where the main dam is located; reservoirs with flood control gates and hydropower reservoirs with a total capacity of three million cubic meters (3,000,000 m3) up to less than one hundred million cubic meters (100,000,000 m3) shall provide all meteorological and hydrological observation information and data to the local weather forecasting and warning agencies and the provincial state management agency for natural resources and environment where the main dam is located.

Reservoirs within the scope regulated by the inter-reservoir operation procedure shall comply with the provisions of the inter-reservoir operation procedure.

c) Other works shall provide all meteorological and hydrological observation information and data directly through telephone to the local weather forecasting and warning agencies and the provincial state management agency for natural resources and environment within a maximum of thirty minutes after the end of observation.

3. The owner of dedicated meteorological and hydrological facilities not covered by Article 3, Clause 1 of this Decree shall provide all observed meteorological and hydrological information and data to the national meteorological and hydrological database once a year according to the provisions of this Decree.

4. The provision of meteorological and hydrological observation information and data shall be carried out in the following manner:

a) Written documents, carriers of information;

b) Specialized communication means;

c) Internet;

d) Public information networks;

d) Directly via telephone.

5. The owner of the works specified in Article 3, Clause 1 of this Decree, other organizations, individuals managing dedicated meteorological and hydrological stations shall cooperate and coordinate with the national weather forecasting and warning system and the agency managing the national meteorological and hydrological database to provide timely and continuous meteorological and hydrological observation information and data.

6. The national weather forecasting and warning system, the agency managing the national meteorological and hydrological database shall provide addresses, frequencies, electronic information portals, or other communication means to receive information and data from the owners of the works specified in Article 3, Clause 1 of this Decree and other dedicated meteorological and hydrological facilities.

Section 2
TECHNICAL BUFFER ZONE OF METEOROLOGICAL AND HYDROLOGICAL WORKS

Article 6. Types of meteorological and hydrological works

1. Surface meteorological observation garden.

2. Automatic meteorological observation tower (column).

3. Upper-air meteorological observation garden.

4. Weather radar installation tower.

5. Satellite data transmission and reception equipment installation tower.

6. River flow measurement work.

7. River, lake, sea water level measurement work.

8. Rainfall measurement work.

9. Meteorological and hydrological information transmission work.

10. Other specialized meteorological and hydrological works.

Article 7. Technical buffer zone for meteorological and hydrological works

1. The technical buffer zone of meteorological and hydrological works within the national meteorological and hydrological station network shall be defined at a minimum level, which may be expanded under permissible conditions to enhance the representativeness of the observation area.

2. The technical buffer zone of meteorological and hydrological works within the national meteorological and hydrological station network shall be defined for each type of work as follows:

a) Surface meteorological observation garden: A distance of 100 meters from the garden fence in all directions;

b) Upper-air meteorological observation garden: A distance of 50 meters from the garden fence in all directions;

c) Automatic meteorological observation tower (column): A radius of 10 meters from the base of the tower (column);

d) Weather radar installation tower: A distance equal to 20 times the height of the tower from the base in all directions;

đ) Satellite data transmission and reception equipment installation tower: A distance equal to the height of the tower in all directions;

e) River flow measurement work:

A river section with a length of 500 meters upstream and downstream of the flow measurement line.

A distance of 10 meters on both sides of the cable car, suspension bridge, hanging basket, and circulating cable.

g) River, lake, sea water level measurement work:

A river section with a length of 30 meters upstream and downstream of the measurement line.

A distance of 30 meters from the work to the water area in front of the work for lake and sea water level measurements.

A distance of 10 meters on both sides for the steps, stakes, and water gauges.

h) Rainfall measurement works: A distance of ten meters from the base of the work in all directions. In cases where rainfall measuring equipment is installed on existing structures, it must ensure ventilation and accuracy of the measurement.

i) Meteorological and hydrological information transmission work: A distance equal to the height of the work from the base in all directions.

3. For meteorological and hydrological works within urban areas, the levels of technical buffer zones specified in Clause 2 of this Article may be reduced according to actual circumstances but must not be less than half (1/2).

4. For meteorological and hydrological works over 50 meters in height, and those located in military areas, permission from competent state authorities is required.

Article 8. Protection of technical buffer zones for meteorological and hydrological works

a) Establishing, approving boundary marking plans, and publicly disclosing boundary markers for technical buffer zones of meteorological and hydrological works

The construction, approval of boundary marking plans, and publicizing the boundary markers of the technical buffer zone of meteorological and hydrological works shall be carried out in accordance with Article 56 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law.

b) Within the technical buffer zone of meteorological and hydrological works, the acts prohibited under Clause 3, Article 15 of the Law on Meteorology and Hydrology shall not be carried out; specifically, for the surface meteorological observation garden and the radar installation tower, additional detailed regulations are provided as follows:

Within a range of fifty to one hundred meters from the perimeter fence of the surface meteorological observation garden in all directions, trees can be planted or buildings constructed, but the height must ensure that the angle between the line connecting the center of the garden to the highest point of the tree or building and the surface of the garden does not exceed ten degrees (10°).

Within the technical buffer zone of the weather radar installation tower, trees can be planted or buildings constructed with a height not exceeding the height of the tower.

2. Protection of technical buffer zones for specialized meteorological and hydrological works

Organizations and individuals with dedicated meteorological and hydrological stations shall determine the boundaries and protect the technical buffer zone of meteorological and hydrological works under their management based on the provisions of Clause 1 of this Article and relevant laws.

Section 3
WEATHER FORECASTING AND WARNING BY ORGANIZATIONS AND INDIVIDUALS NOT BELONGING TO THE NATIONAL WEATHER FORECASTING AND WARNING SYSTEM

Article 9. Conditions for organizations to operate weather forecast and warning services

1. Having legal personality in accordance with the provisions of civil law.

Article 10. Conditions for individuals to operate weather forecast and warning services

1. Have material and technical conditions meeting the requirements stipulated in Clause 2, Article 9 of this Decree.

2. Graduated from university or higher in meteorology and hydrology and having at least 03 years of experience in operating weather forecast and warning services.

Article 11. Conditions for foreign organizations and individuals to operate weather forecast and warning services in Vietnam

1. Have corresponding conditions as prescribed in Articles 9 and 10 of this Decree.

2. Being permitted to operate and reside legally in Vietnam.

3. Have personnel fluent in Vietnamese or appropriate interpreters.

Article 12. Principles for issuing permits for weather forecast and warning services

1. Issuing permits for weather forecasting and warning activities must comply with the authority prescribed in Clause 5, Article 25 of the Law on Meteorology and Hydrology.

For weather forecasting and warning activities to ensure flight operations, the Minister of Transport shall issue permits in accordance with civil aviation laws. Annually before December 31, the Ministry of Transport shall compile the situation of permit issuance and the activities of organizations and individuals holding permits for weather forecasting and warning to ensure flight operations, and submit them to the Ministry of Natural Resources and Environment.

2. Adhering strictly to the procedures and formalities as prescribed in this Decree.

3. Activities related to weather and hydrological forecasting and warning for national defense, national security, scientific research, education, and teaching that are not published on mass media or used in weather and hydrological service activities do not require a permit.

The permit for weather and hydrological forecasting and warning activities according to Form No. 05 in the Appendix accompanying this Decree includes the following contents:

1. Name and address of the organization or individual granted the permit.

2. Scope of forecasting and warning activities.

3. Recipients of forecasting and warning information.

4. Duration of the permit.

Article 14. Duration of the Permit for Weather and Hydrological Forecasting and Warning Activities

2. The permit for weather forecast and warning services may be extended when organizations and individuals meet the conditions prescribed in this Decree and during the period of operation according to the issued permit, they do not violate the law, with each extension not exceeding 05 years.

2. The permit for weather and hydrological forecasting and warning activities may be extended when the organization or individual meets the conditions stipulated in this Decree and has not violated the law during the period of operation under the previously issued permit, with each extension not exceeding five years.

1. Documents for issuing the permit for weather forecast and warning services for organizations:

) Application form for issuing the permit for weather forecast and warning services following Model No. 09 attached as an appendix to this Decree;

a) Application form for obtaining a permit for weather and hydrological forecasting and warning activities according to Form No. 2 in the Appendix accompanying this Decree;

b) Certified copy or copy with original for comparison of the decision establishing the organization or business operation certificate of the organization;

c) Certified copy or copy with original for comparison of academic degrees, certificates, and labor contracts of the staff;

2. Documents for issuing the permit for weather forecast and warning services for individuals:

) Certified copy or copy with original for comparison or certified electronic copy from the original: Academic certificates and certificates of training in relevant majors suitable for the content of the application for permission to operate weather forecast and warning services.

a) Application form for obtaining a permit for weather and hydrological forecasting and warning activities according to Form No. 2 in the Appendix accompanying this Decree;

b) Certified copy or copy with original for comparison of academic degrees and certificates of specialized training relevant to the requested activity;

c) Declaration of material and technical facilities; data sources; technical procedures for forecasting and warning; management and quality evaluation procedures;

3. Documents for amending, supplementing, and extending the permit for organizations and individuals:

a) Application form for amending, supplementing, or extending the permit following Model No. 09 attached as an appendix to this Decree;

a) Application form for amending, supplementing, or extending the permit according to Form No. 2 in the Appendix accompanying this Decree;

b) Report on the results of weather and hydrological forecasting and warning activities since the issuance of the permit or amendment and supplementation of the permit according to Form No. 3 in the Appendix accompanying this Decree;

c) Certified copy of the permit for weather and hydrological forecasting and warning activities already issued.

Article 16. Procedures for Issuing, Extending, Amending, and Supplementing Permits for Weather Forecasting and Warning Activities

1. Receiving authority

a) The National Centre for Hydro-meteorological Forecasting and Climate Change is the agency responsible for receiving applications for issuing, extending, amending, and supplementing permits for weather and hydrological forecasting and warning activities within the authority of the Minister of Natural Resources and Environment;

b) The Department of Natural Resources and Environment is the agency responsible for receiving applications for issuing, extending, amending, and supplementing permits for weather and hydrological forecasting and warning activities within the authority of the Chairman of the People's Committee of provinces and centrally-run cities.

2. Procedures for issuing, extending, amending, and supplementing permits issued by the Minister of Natural Resources and Environment:

Organizations and individuals submit directly or send via postal service one set of application documents for issuing, extending, amending, and supplementing permits as stipulated in Article 15 of this Decree to the National Centre for Hydro-meteorological Forecasting and Climate Change, Ministry of Natural Resources and Environment, and receive the permit after the corresponding time limit as specified in Article 17 of this Decree.

3. Procedures for issuing, extending, amending, and supplementing permits issued by the Chairman of the People's Committee of provinces and centrally-run cities:

Organizations and individuals submit directly or send via postal service two sets of application documents for issuing, extending, amending, and supplementing permits as stipulated in Article 15 of this Decree to the Department of Natural Resources and Environment and receive the permit after the corresponding time limit as specified in Article 17 of this Decree.

4. Organizations and individuals wishing to extend their permit for weather and hydrological forecasting and warning activities must submit an application for extension to the agency responsible for receiving applications as stipulated in Clause 1 of this Article at least 30 days before the expiration date of the permit.

Article 17. Sequence and Timeframe for Issuing, Extending, Amending, and Supplementing Permits for Weather Forecasting and Warning Activities

1. Within two working days from the date of receipt of the application, the agency responsible for receiving applications shall examine, verify, and confirm the validity of the received application; if the application is invalid, the agency will notify the organization or individual to complete the application according to regulations.

2. From the date of receiving a valid application, the agency responsible for receiving applications shall examine, organize assessment, verification, survey, evaluation, and conclude, and submit to the Minister of Natural Resources and Environment or the Chairman of the People's Committee of provinces and centrally-run cities for issuing, extending, amending, and supplementing permits for weather and hydrological forecasting and warning activities for organizations and individuals meeting the conditions within a maximum of fifteen working days.

If the conditions for issuing, amending, supplementing, or extending the permit are not met, the agency responsible for receiving applications will inform the organization or individual in writing of the reasons.

Article 18. Reissuing the Permit for Meteorological and Hydrological Forecasting and Warning Activities

1. A permit for weather and hydrological forecasting and warning activities can be reissued in cases where it is lost, torn, damaged and cannot be used, or the name of the permit holder has changed due to transfer, merger, division, restructuring of the organization without changing other contents of the permit.

2. Organizations and individuals requesting to reissue a permit for weather and hydrological forecasting and warning activities shall submit an application according to Form No. 2 in the Appendix accompanying this Decree directly to the agency responsible for receiving applications, following the same procedure as for the initial issuance of the permit.

3. The Ministry of Natural Resources and Environment, provincial People's Committees are responsible for examining, assessing, verifying, and reissuing permits for weather and hydrological forecasting and warning activities for organizations and individuals meeting the conditions within five working days; if the conditions for reissuing the permit are not met, they will inform the organization or individual in writing of the reasons.

Article 19. Revocation and Return of the Permit for Meteorological and Hydrological Forecasting and Warning Activities

1. In cases where the Permit for Meteorological and Hydrological Forecasting and Warning Activities is revoked:

a) The content of the application for the permit is false;

b) The organization holding the permit has been dissolved or declared bankrupt by the court;

c) The individual holding the permit has died, disappeared, or lost civil capacity;

d) The permit was issued but the holder did not conduct forecasting and warning activities for a continuous period of twelve months;

đ) The permit holder continues to operate despite a decision to suspend the effectiveness of the permit;

e) The permit was issued without proper authority;

g) The permit was transferred without authorization;

h) The permit holder uses the permit to commit violations of the law.

2. Return the permit for weather and hydrological forecasting and warning activities in cases where the permit holder does not conduct such activities and provides a written notice explaining the reason for returning the permit.

Article 20. Suspension of Effectiveness of the Permit for Meteorological and Hydrological Forecasting and Warning Activities

The permit shall have its effectiveness suspended in the following cases:

1. Violation of the provisions stipulated in the permit.

2. Regularly unreliable weather and hydrological forecasting and warning bulletins.

3. Failure to fulfill obligations as prescribed in Clause 2 of Article 40 of the Law on Weather and Hydrological Services.

Article 21. Termination of Effectiveness of the Permit for Meteorological and Hydrological Forecasting and Warning Activities

1. The permit shall be terminated in the following cases:

a) The permit is revoked;

b) The permit has expired;

c) The permit has been returned.

Clause 2. When the permit is terminated, all rights and obligations related to the permit also cease.

Section 4
EXPLOITATION AND USE OF WEATHER AND HYDROLOGICAL INFORMATION AND DATA

Article 22. Principles for Exploitation and Use of Meteorological and Hydrological Information and Data

Point 1. Meteorological and hydrological information and data must have clear sources, be provided and confirmed by competent authorities, organizations, or individuals who bear responsibility for the origin of the information and data.

Point 2. Meteorological and hydrological information and data used to serve the design of projects, programs, plans, and economic and social development projects must be updated to the most recent year.

Point 3. Meteorological and hydrological information and data must be used for their intended purposes.

Point 4. Meteorological and hydrological information and data that are exploited and used without payment may not be used for profit-making purposes.

Article 23. Cases of Exploitation and Use of Meteorological and Hydrological Information and Data Without Payment

1. Exploitation and use of weather and hydrological information and data as stipulated in points a, b, and c of Clause 5 of Article 32 of the Law on Weather and Hydrological Services.

2. The exploitation and use of meteorological and hydrological information and data for other purposes as required by state agencies with competent authority as stipulated in Point d, Clause 5, Article 32 of the Law on Meteorology and Hydrology shall be carried out as follows:

Subpoint a. To serve the activities of the Party, National Assembly, Government, and central-level political-social organizations;

Subpoint b. To serve investigative, judicial, and dispute resolution activities upon request of investigative and judicial bodies;

Agencies, organizations, and individuals with the authority to provide and confirm the origin of meteorological and hydrological information and data: 3. Agencies, organizations, and individuals with the authority to provide and confirm the origin of meteorological and hydrological information and data include:

Point 1. The agency managing the meteorological and hydrological database.

4. Public service organizations under the Ministry of Natural Resources and Environment.

Point 3. Agencies, organizations, or individuals being the managers of dedicated meteorological and hydrological stations.

Article 25. Exploitation and Use of Meteorological and Hydrological Information and Data Without Payment

The exploitation and use of meteorological and hydrological information and data without payment shall be conducted through public information systems, including:

Point 1. Telephones and fax machines.

Point 2. Central and local radio and television systems.

Point 3. Internet.

Point 4. Vietnam Coastal Information System.

Point 5. Postal services on the public postal network and the postal network serving Party, State, defense, and security agencies.

Article 26. Exploitation and Use of Meteorological and Hydrological Information and Data With Payment

5. The exploitation and use of information and data between agencies, organizations specified in Clause 1 and Clause 2 of Article 24 of this Decree and the exploiting and using parties shall be conducted according to the provisions of the Law on Meteorology and Hydrology and laws on fees and charges.

Point 2. Forms of exploitation and use of information and data are as follows:

a) Agencies, organizations, and individuals requiring the exploitation and use of information and data submit request forms or send request documents to the agencies and organizations managing data as specified in Clause 1 and Clause 2 of Article 24 of this Decree.

b) Upon receiving valid request forms or documents from agencies, organizations, and individuals, the agencies and organizations managing information and data shall provide meteorological and hydrological information and data and collect fees as prescribed by law.

Subpoint c. The time limit for providing information and data is agreed upon by both parties. In case of refusal to provide information and data, a written response stating the reasons must be issued.

Article 27. Exploitation and use of meteorological and hydrological information and data pursuant to agreement

The exploitation and use of information and data between entities with requirements and those managing information and data not covered by Article 26 of this Decree shall be based on agreements between the provider and user in accordance with civil law regulations.

Article 28. Fees and management, use of fees for exploitation and use of meteorological and hydrological information and data

1. The Ministry of Finance shall stipulate the fee levels for the exploitation and use of meteorological and hydrological information and data.

2. The management and use of fees for the exploitation and use of meteorological and hydrological information and data shall be implemented in accordance with the provisions of law on fees and charges.

Article 29. Responsibility for reviewing, auditing, and evaluating the origin of meteorological and hydrological information and data

6. Agencies, organizations, individuals, program, planning, project developers using meteorological and hydrological information and data must bear responsibility for the origin of such information and data.

7. State agencies with competent authority during the review, verification, and evaluation of programs, plans, projects using meteorological and hydrological information and data must verify and check the origin and use of such information and data according to the principles set forth in Article 22 of this Decree.

Article 30. Exploitation and use of information and data from the national meteorological and hydrological database

8. The exploitation and use of information and data from the national meteorological and hydrological database shall be implemented according to the provisions of Clause 1, Articles 26, 27, 28, and 29 of this Decree.

2. Procedures and formalities for the exploitation and use of information and data from the national meteorological and hydrological database

a) Agencies, organizations, and individuals requiring the exploitation and use of meteorological and hydrological information and data submit request forms or documents according to Model No. 4 attached as an appendix to this Decree to the agency managing the national meteorological and hydrological database.

The submission of request forms or documents for data provision can be done either by direct submission at the agency managing the national meteorological and hydrological database or through official correspondence, fax, or postal mail.

Requests sent via official correspondence, fax, or postal service shall be made in cases where the requesting party exploiting and using meteorological and hydrological information and data is a state agency;

In case of refusal to provide, a written response stating the reasons must be issued;

c) After the agencies, organizations, and individuals complete the payment, within one working day, the agency managing the national meteorological and hydrological database has the responsibility to provide all requested information and data accurately.

10. The exploitation and use of data through contracts shall be carried out according to civil law regulations between the agency managing the national meteorological and hydrological database and agencies, organizations, and individuals requiring the exploitation and use of information and data.

Section 5
EXCHANGE OF METEOROLOGICAL AND HYDROLOGICAL INFORMATION AND DATA, CLIMATE CHANGE MONITORING WITH INTERNATIONAL ORGANIZATIONS, ORGANIZATIONS, AND FOREIGN INDIVIDUALS NOT COVERED BY INTERNATIONAL TREATIES TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A PARTY

Article 31. Principles for Exchange of Meteorological and Hydrological Information and Data, Climate Change Monitoring with International Organizations, Organizations, and Foreign Individuals

1. The exchange of meteorological and hydrological information and data, climate change monitoring shall not contravene the provisions of the law.

2. Meteorological and hydrological information and data, climate change monitoring exchanged with international organizations, foreign organizations, and individuals must fall within the categories of information and data specified in Article 32 of this Decree.

3. Parties participating in the exchange of meteorological and hydrological information and data, climate change monitoring must have clear names and addresses, and organizations must have legal entity status, while individuals must have identity documents in compliance with civil law regulations.

4. Forms, procedures, and reporting systems for the exchange of meteorological and hydrological information and data, climate change monitoring with international organizations, foreign organizations, and individuals shall be implemented according to the provisions of this Decree.

Article 32. Types of Meteorological and Hydrological Information and Data, Climate Change Monitoring to be Exchanged with International Organizations, Organizations, and Foreign Individuals

1. Meteorological and hydrological information and data, results of climate change monitoring obtained from the national meteorological and hydrological station network and specialized meteorological and hydrological station network.

2. Weather forecast, warning, and weather and hydrological situation reports.

3. Information and data on meteorological and hydrological disasters and their impacts that have been announced by the Central Steering Committee for Disaster Prevention and Control.

4. Information on Vietnam's climate; results of national climate assessments conducted by Vietnam.

5. Climate change scenarios for Vietnam.

6. Information and data on greenhouse gas emissions and economic and social activities related to greenhouse gas emissions that have been published.

7. Information and data on ozone monitoring, ozone protection, and management of substances depleting the ozone layer.

8. Scientific research results on meteorology, hydrology, and climate change.

10. Other related meteorological and hydrological information and data shall be decided by the Minister of Natural Resources and Environment.

Article 33. Forms of Exchange of Meteorological and Hydrological Information and Data, Climate Change Monitoring with International Organizations, Organizations, and Foreign Individuals

1. Documents, symbols.

2. Email or other electronic communication means.

3. Copies on storage media.

Organizations and individuals wishing to exchange meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals must submit directly or send by post one set of application files to the Ministry of Natural Resources and Environment to request permission, including the following information: foreign individuals or organizations must submit directly or send by post 1. The application document including the following information:
a) Name and address accompanied by a certified copy or a copy with the original for verification of the legal entity status certificate for organizations and the personal identification certificate for individuals who wish to exchange meteorological and hydrological information and data, climate change monitoring with international organizations, organizations, and foreign individuals in accordance with civil law regulations;

2. Within fifteen working days, the Ministry of Natural Resources and Environment will consider the application of organizations and individuals and provide a written agreement.

3. Within ten days from the end of the information and data exchange activity on meteorology and hydrology, climate change monitoring with international organizations, organizations, and foreign individuals, organizations and individuals responsible must submit a report on the information and data exchange activities corresponding to the contents stipulated in Clause 1 of this Article to the Ministry of Natural Resources and Environment.

b) Purpose of exchanging information and data with international organizations, organizations, and foreign individuals;

c) Specific type and quantity of information and data exchanged with international organizations, organizations, and foreign individuals;

d) Name and address of international organizations, organizations, and foreign individuals receiving the exchange of information and data;

đ) Time period for exchanging information and data;

e) Form of exchanging information and data;

g) Duration of exchanging information and data.

2. Meteorological and hydrological works that do not ensure technical clearance as prescribed in this Decree shall be gradually addressed and resolved according to the principle of ensuring meteorological and hydrological observation technical requirements while being appropriate to actual conditions and circumstances.

In case of disagreement, the Ministry of Natural Resources and Environment shall issue a written response stating the reasons.

3. In cases where handling violations related to important meteorological and hydrological works within the national weather station network, which encounter many difficulties and complexities, the Minister of Natural Resources and Environment shall take the lead and coordinate with the Chairman of the People's Committee of the province or centrally-administered city where the violated meteorological and hydrological work is located to handle and resolve them in accordance with the law.

Chapter III
IMPLEMENTATION

Article 35. Transitional Provisions

The protection of technical buffer zones of hydro-meteorological works established before July 1, 2016 shall be carried out as follows:

1. The management authorities of hydro-meteorological works must establish boundary files and publicly announce the technical buffer zones in accordance with this Decree.

1. Within six months from the date this Decree takes effect, ministries, ministerial-level agencies, and provincial People's Committees shall establish a list of works and their owners required to organize meteorological and hydrological observations as stipulated in Article 3 of this Decree within their jurisdiction and update and supplement the list annually and send it to the Ministry of Natural Resources and Environment.

2. Within two years from the date this Decree takes effect, the owners of works specified in Article 3 of this Decree must organize observations and provide meteorological and hydrological information and data as prescribed.

Article 36. Implementation Provisions

This Decree takes effect from July 1, 2016.

Article 37. Responsibility for Implementation

3. The Minister, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of all levels of People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree./.

2. Within two years from the date this Decree takes effect, the project owner specified in Article 3 of this Decree shall organize meteorological and hydrological observations and provide relevant information and data as prescribed.

3. The Minister, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of all levels of People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree./.