Circular No. 40/2011/TT-BNNPTNT stipulates the capacity of organizations and individuals participating in the management and operation of irrigation works.

CIRCULAR

Regulations on the capacity of organizations and individuals participating in the management and operation of irrigation works

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Based on Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development; Decree No. 75/2009/ND-CP dated September 10, 2009 of the Government amending Article 3 of Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Based on the Ordinance on Operation and Protection of Irrigation Works No. 32/2001/PL-UBTVQH10 adopted by the Standing Committee of the National Assembly on April 4, 2001;

Based on Decree No. 143/2003/ND-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Operation and Protection of Irrigation Works; Decree No. 115/2008/ND-CP dated November 14, 2008 amending and supplementing certain provisions of Decree No. 143/2003/ND-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Operation and Protection of Irrigation Works;

Based on Decree No. 72/2007/ND-CP dated May 7, 2007 of the Government on the management of dam safety;

To manage and operate irrigation works effectively to ensure safety and maximize their efficiency, the Ministry of Agriculture and Rural Development stipulates the conditions for the capacity of organizations and individuals responsible for managing and operating irrigation works as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular specifies the capacity (in terms of human resources) of organizations and individuals participating in the management and operation of irrigation works funded by state budget or derived from the state budget. Organizations and individuals managing irrigation works funded from other sources are encouraged to apply this Circular.

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

This Circular applies to organizations and individuals involved in the management, operation, and protection of irrigation works.

Article 2. Organization and Capacity of Organizations and Individuals Participating in the Management and Operation of Irrigation Works

1. The organization managing and operating irrigation works is an entity established and operating in accordance with Circular No. 65/2009/TT-BNNPTNT dated October 12, 2009 of the Ministry of Agriculture and Rural Development guiding the organization of activities and the delegation of management and operation of irrigation works and other relevant laws.

2. The capacity of organizations managing and operating irrigation works is demonstrated through the number of staff and technical workers managing and operating irrigation works with a certain level of professional expertise consistent with assigned requirements and tasks.

3. The capacity of individuals participating in the management and operation of irrigation works is reflected in the form of certificates, training certificates, and vocational levels awarded or recognized by legitimate educational institutions.

Article 3. Requirements for Organizations Managing and Operating Irrigation Works as Enterprises

1. Possess a Business Registration Certificate or establishment decision (for units without a Business Registration Certificate) or registration of activities by the competent authority, including the function of managing and operating irrigation works.

2. Have an appropriate organizational structure and specialized staff; understand the irrigation works and equipment installed at the irrigation works managed and operated by the organization.

3. Each individual within the organizational structure must be familiar with their responsibilities, tasks, and scope of work. Staff participating in the management and operation of irrigation works must be well-versed and strictly adhere to regulations on management, operational procedures, maintenance, inspection, monitoring, and protection of irrigation works as prescribed by competent authorities.

4. Staff directly responsible for managing and operating irrigation works have the responsibility to monitor and record comprehensively and truthfully all results of monitoring and operation logs of the works.

5. Be equipped with minimum facilities to facilitate the management, operation, and protection of irrigation works smoothly. Workers managing irrigation works must regularly inspect to promptly identify damages, harmful actions against the works, and the protected area of the irrigation works.

6. Have an organizational structure and equipment sufficient to handle some emergency situations and sudden malfunctions of the works, ensuring safe and efficient operation of the works.

Article 4. Requirements for organizations participating in water management cooperation

1. Organizations participating in water management cooperation must have internal regulations or rules recognized by competent authorities according to Circular No. 75/2004/TT-BNN dated December 20, 2004 of the Ministry of Agriculture and Rural Development and other relevant provisions.

2. They must also have organizational structures and operators with appropriate expertise suitable for the irrigation works they manage.

Article 5. Requirements for individuals participating in the management and operation of irrigation works

1. Individuals participating in the management and operation of irrigation works must have full civil capacity as prescribed by law and be responsible for their actions.

2. Individuals participating in the management and operation of irrigation works must hold certificates, diplomas, or training certificates appropriate to the tasks they undertake.

Chapter II

REQUIREMENTS FOR THE CAPACITY OF ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN MANAGEMENT AND OPERATION OF IRRIGATION WORKS

MANAGEMENT AND EXPLOITATION OF IRRIGATION WORKS

Article 6. Requirements for the organizational structure of enterprises responsible for managing and operating irrigation works

1. Enterprises responsible for managing and operating irrigation works must have a management structure suitable to perform assigned tasks as stipulated in Clause 2, Article 11 and Clause 2, Article 12 of Circular No. 65/2009/TT-BNNPTNT dated October 12, 2009 of the Ministry of Agriculture and Rural Development on organization of activities and hierarchical management and operation of irrigation works.

2. The management structure (departments, divisions) must include the following units:

a) Technical unit: responsible for technical management and ensuring safety of the works.

b) Water distribution management unit: responsible for water distribution management, irrigation plan management, and directing implementation of production plans.

These specialized units must allocate at least 70% of staff with bachelor's degrees or higher in relevant fields, adequately meeting the tasks, scale, scope, and operational conditions of the enterprise; ensuring efficient performance and safety of the works.

3. For units engaged in other comprehensive business service activities, there must be dedicated units to carry out these activities.

Article 7. Number of staff and workers for operation

1. Allocation of staff and workers for managing and operating irrigation works must ensure sufficient numbers based on labor quotas approved by competent authorities, while meeting the requirements of capacity as stipulated in Articles 8, 9, 10, and 11 of this Circular.

2. Technical capacity requirements apply to subsidiaries directly managing and operating irrigation works under limited liability companies (enterprises, branches, stations, clusters, or equivalent); public institutions managing and operating irrigation works; independent irrigation work management stations; water usage cooperative organizations; and individuals participating in the management and operation of irrigation works.

Article 8. Requirements for capacity for organizations managing and operating reservoirs and dams

1. For reservoirs with storage capacity of 100 million cubic meters or more, the direct dam management unit must have at least three hydraulic engineers, including at least one person with seven years or more of experience, holding a certificate from training courses on dam management provided by training institutions of the Ministry of Agriculture and Rural Development.

2. For reservoirs with storage capacity between 50 million cubic meters and less than 100 million cubic meters, the dam management unit must have at least two hydraulic engineers, including at least one person with five years or more of experience, holding a certificate from training courses on dam management provided by training institutions of the Ministry of Agriculture and Rural Development.

3. For reservoirs with storage capacity between 10 million cubic meters and less than 50 million cubic meters, the dam management unit must have at least one hydraulic engineer and one associate degree holder in hydraulics, including at least one person with three years or more of experience, holding a certificate from training courses on dam management provided by training institutions of the Ministry of Agriculture and Rural Development.

4. For reservoirs with storage capacity between 1 million cubic meters and less than 10 million cubic meters, the dam management unit must have at least two associate degree holders in hydraulics, including one person with more than three years of experience, holding a certificate from training courses on dam management provided by training institutions of the Ministry of Agriculture and Rural Development.

5. For reservoirs with storage capacity less than 1 million cubic meters (or less than 500 thousand cubic meters in mountainous regions), the dam management unit must have personnel with secondary school education, holding a certificate from training courses on dam management organized by the Department of Agriculture and Rural Development or the Limited Liability Company for Irrigation Works Management.

6. Workers operating sluice gates and flood discharge structures must attend training courses organized by the Department of Agriculture and Rural Development or the Limited Liability Company for Irrigation Works Management regardless of the size.

7. For reservoirs with electrically operated sluice gates for flood discharge, during flood discharge operations, there must be an electrician from the Limited Liability Company for Irrigation Works Management with a skill level of grade 4 or higher on duty in the main works area.

Article 9. For national-level reservoirs, reservoirs serving national defense security purposes, and reservoirs with downstream areas that are concentrated residential zones

1. For national-level reservoirs, reservoirs serving national defense security purposes, and reservoirs with downstream areas that are concentrated residential zones, a business entity must be established to directly manage and operate these facilities by deploying highly qualified staff and workers.

2. Such facilities shall not be delegated or entrusted to organizations for water cooperation or individuals who do not meet the required capacity conditions to manage and operate them.

Article 10. Requirements for the capacity of organizations managing and operating fixed electric pump stations

1. For large electric pump stations, with pumps having a capacity of 12,000 m³/h or more:

a) Pump stations with three or fewer pumps: at least one engineer in hydraulic engineering (or electromechanical) and three technicians (electromechanical or hydraulic engineering).

b) Pump stations with four to eight pumps: at least two engineers, including at least one electromechanical engineer, and six technicians (electromechanical or hydraulic engineering).

c) Pump stations with more than nine pumps: at least four engineers, including at least one electromechanical engineer, and ten technicians (electromechanical or hydraulic engineering).

2. For electric pump stations with pumps having a capacity from 7,000 m³/h to less than 12,000 m³/h:

a) Pump stations with three or fewer pumps: at least one officer with a college degree in hydraulic engineering (or electromechanical) and three technicians (electromechanical or hydraulic engineering).

b) Pump stations with four to eight pumps: at least one engineer (hydraulic engineering or electromechanical) and five technicians (electromechanical or hydraulic engineering).

c) Pump stations with more than nine pumps: at least two engineers, including at least one electromechanical engineer, and seven technicians (electromechanical or hydraulic engineering).

For every additional four pumps, one additional technician should be arranged; for every additional five pumps, one additional engineer should be arranged.

3. For electric pump stations with pumps having a capacity from 4,000 m³/h to less than 7,000 m³/h:

a) Pump stations with fewer than four pumps: at least two technicians (hydraulic engineering or electromechanical, including at least one electromechanical technician).

b) Stations with four to ten pumps: at least one officer with a college degree (hydraulic engineering or electromechanical) and three technicians (electromechanical or hydraulic engineering, including at least one electromechanical technician).

c) Stations with more than ten pumps: at least one officer with a bachelor's degree (hydraulic engineering or electromechanical) and two officers with a college degree or higher, and five technicians (electromechanical or hydraulic engineering).

For every additional five pumps, one additional electromechanical technician should be arranged; for every additional ten pumps, one additional engineer in hydraulic engineering or electromechanical engineering should be arranged.

4. For electric pump stations with pumps having a capacity from 1,000 m³/h to less than 4,000 m³/h:

a) Pump stations with fewer than four pumps: at least one technician with a secondary vocational school degree (hydraulic engineering or electromechanical).

b) Stations with four to ten pumps: at least two technicians (electromechanical or hydraulic engineering, including at least one electromechanical technician).

c) Stations with ten to fifteen pumps: at least one officer with a college degree (hydraulic engineering or electromechanical) and two technicians with a secondary vocational school degree or higher.

d) Pump stations with more than fifteen pumps: at least one engineer (hydraulic engineering or electromechanical engineering) and three technicians (electromechanical or hydraulic engineering, including at least two electromechanical technicians).

For every additional five pumps, one additional electromechanical technician should be arranged; for every additional ten pumps, one additional engineer in hydraulic engineering or electromechanical engineering should be arranged.

5. For electric pump stations with pumps having a capacity less than 1,000 m³/h:

1. Workers and managers operating electric pump stations with pumps having a capacity less than 1,000 m³/h must have at least a secondary education level and must participate in one training course on management and operation of hydraulic works.

2. In cases where there are more than five pumps, one electric pump operator (who has undergone technical worker training for three to six months) must be arranged. For pump stations with seven or more pumps, one technician with a secondary vocational school degree in hydraulic engineering or electromechanical engineering must be arranged.

6. Safety requirements

To ensure workplace safety, pump stations that arrange one pump operator must mobilize workers within the unit or hire one temporary laborer to assist in operations.

Article 11. Technical capacity requirements for organizations managing main culverts and canal works

1. For main culverts under levees of Class I and II rivers; large saltwater-blocking culverts operated by electricity:

a) Main culverts under special-class, Class I, and Class II river levees; large saltwater-blocking culverts operated by electricity must have at least one irrigation engineer; one staff member with a secondary-level mechanical and electrical technology degree at the main facility;

b) Ensure strict compliance with the legal requirements concerning dike management.

2. For other culverts and canal works:

The staffing of personnel at other main culverts and canal works depends on the scale and operational objectives of the culverts to arrange suitable professionals, with a minimum requirement of having staff members who have completed high school and possess certificates for vocational training in waterworks management and operation.

Article 12. Capacity conditions when an organization manages multiple main facilities

For organizations managing various types of main facilities of the same or different kinds, the number of staff managing and operating waterworks increases accordingly based on the number of main facilities, in accordance with the requirements for ensuring capacity.

Article 13. Training and vocational upgrading requirements

1. Staff managing and operating waterworks must participate in courses for vocational training in waterworks management and operation or courses for vocational training in dam and reservoir management (for staff managing dams and reservoirs) organized by training institutions in collaboration with competent authorities.

2. Organizations managing and operating waterworks must have plans for their staff to participate in courses for vocational training in waterworks management and operation or courses for vocational training in dam and reservoir management (for staff managing dams and reservoirs), ensuring that all staff performing tasks in waterworks management and operation have certificates for vocational training in waterworks management and operation or certificates from courses for vocational training in dam and reservoir management (for staff managing dams and reservoirs).

3. Training and issuing certificates for participation in vocational training courses for waterworks management and operation and/or courses for vocational training in dam and reservoir management shall be carried out in accordance with current regulations.

4. Main contents of vocational training in waterworks management and operation include:

a) Introduction to policies and mechanisms in waterworks management and operation.

b) Planning and operating irrigation and drainage; organizing management and hierarchical management and operation of waterworks;

c) Regulations on management, operation, repair, maintenance, and protection of reservoirs; pumping stations, culverts, and canals;

d) Drought classification; procedures for operating waterworks;

đ) Irrigation techniques for certain crops;

e) Application of information technology in waterworks management and operation.

g) Regulations on financial management of organizations managing and operating waterworks; water resource fees policy in agricultural production.

h) Participatory irrigation management.

i) Some specialized topics according to practical needs.

5. Contents of training in dam and reservoir management

a) Policies on dam and reservoir management, operation, and protection.

b) Guidance on establishing and implementing reservoir operation procedures.

c) Hydrological calculations, flood regulation in reservoirs.

d) Water balance, multi-purpose water regulation calculations in reservoirs.

đ) Organization of management, operation, and protection of waterworks that are reservoirs and embankment dams.

e) Some specialized topics within the content of vocational training and upgrading in waterworks management and operation.

6. Staff managing and operating waterworks who have participated in training courses on dam and reservoir management may choose to participate or not participate in courses for vocational training in waterworks management and operation.

Staff who have been involved in waterworks management and operation for seven years or more, with a bachelor's degree in water resources engineering, may choose to participate or not participate in the aforementioned training courses.

7. Based on the requirements, scale of each object, and each year, the General Department of Water Resources (for central-organized courses) and the Department of Agriculture and Rural Development (for locally-organized courses) will coordinate with relevant agencies and units to select training content, recruit students, and organize courses for vocational training and upgrading in waterworks management and operation and training and upgrading in dam and reservoir management.

Article 14. Responsibility for Compliance with Capacity Conditions in the Management and Operation of Irrigation Works

1. Organizations and individuals participating in the management and operation of irrigation works must have sufficient capacity conditions appropriate to the scale, technical requirements for management and operation, and the significance and impact of each work as stipulated in this Circular.

2. In addition to meeting the capacity conditions prescribed in this Circular, depending on the nature and characteristics of management and operation of each work or system of works at the local level, the managing authority may supplement other conditions as necessary to suit the actual situation.

3. Organizations managing and operating irrigation works shall base themselves on the capacity conditions prescribed in this Circular (or other conditions if applicable) to improve their organizational structure, enhance their capacity, and arrange staff and workers to perform management and operation tasks of irrigation works in accordance with the scale and conditions of the unit.

4. Organizations and individuals participating in the management and operation of irrigation works shall be responsible under the law for the consequences and damages caused by failing to meet the capacity requirements stipulated herein.

5. The specialized state management agencies for the management and operation of irrigation works (the General Department of Irrigation for the national scope; Departments of Agriculture and Rural Development, Water Resources Agencies, or equivalent organizations of provinces and centrally governed cities within their respective jurisdictions) shall, based on the provisions of this Circular (and other conditions if applicable), inspect and supervise the implementation of capacity regulations for organizations managing and operating irrigation works.

Chapter III

IMPLEMENTATION

Article 15. Implementation Responsibilities

1. The General Department of Irrigation shall take the lead in organizing guidance, directing, inspecting, and urging localities and organizations managing and operating irrigation works to implement the contents of this Circular.

2. Departments of Agriculture and Rural Development of provinces and centrally governed cities, Water Resources Agencies, and organizations managing and operating irrigation works shall proactively implement the contents within their respective localities and organizations.

3. Organizations currently performing management and operation tasks of irrigation works shall promptly review and consolidate their organizational structures, machinery, and human resources to comply with the capacity conditions prescribed in this Circular. For organizations managing and operating irrigation works that do not meet the requirements of this Circular, they must develop specific plans to train and enhance the capacity of their staff, and must fully meet the capacity requirements stipulated in this Circular by no later than July 1, 2014.

Article 16. Implementation Organization

This Circular takes effect 45 days from the date of signature. All previous regulations contrary to this Circular are hereby abolished.

During the implementation process, Departments of Agriculture and Rural Development of provinces and centrally governed cities, and organizations managing and operating irrigation works shall promptly report any difficulties to the Ministry of Agriculture and Rural Development for amendment and supplementation to ensure compliance./.