Circular No. 45/2009/TT-BNNPTNT guides the establishment and approval of the Plan for protecting water conservancy works, applicable to organizations and individuals managing and operating important national water conservancy works, dams at level II or higher, and large flow culverts. The Circular stipulates the contents, scope of protection of the works, organization of protective forces, and the approval process for the Plan for protecting the works.
适用范围
Organizations and individuals directly managing, operating, and protecting important national water conservancy works, dams at level II or higher, large flow culverts, electric pumping stations, floating and submerged canals.
要点
- Important national water conservancy works, dams at level II or higher, culverts with a flow rate of 10m³/s or more, and pumping stations with a flow rate of 20m³/s or more must establish the Plan for protecting the works.
- The scope of protection of the works is specifically defined: the distance between boundary markers, the organization of protective forces for the works, and the Flood Control and Storm Prevention Command of the works.
- The review and approval of the Plan for protecting the works shall be completed within twenty working days from the date of receipt of valid files.
- The Department of Water Resources is responsible for urging, inspecting the establishment, approval, and implementation of the plan for protecting water conservancy works.
- People's Committees at all levels are responsible for implementing the approved Plan for protecting the works.
🌐 本文件的社会影响
- Positive impact: Minimizing risks and enhancing safety for water conservancy works, protecting property and human lives.
- Negative impact: The cost of implementing the Plan for protecting the works may be high for organizations and individuals managing the works.
❓ 常见问题
Which works must establish the Plan for protecting the works?
Important national water conservancy works, dams at level II or higher, culverts with a flow rate of 10m³/s or more, and pumping stations with a flow rate of 20m³/s or more must establish the Plan for protecting the works.
How long is the time limit for reviewing and approving the Plan for protecting the works?
Within twenty working days from the date of receipt of valid files.
Is there a specific provision regarding the scope of protection of the works?
Yes, for example, for dams at level II or higher, the distance between boundary markers is 20 meters (if near urban areas) and 50 meters (if not near urban areas).
Is there a provision regarding the organization of protective forces for the works?
Yes, for example, for important national works, police forces participate; for dams of 10x10⁶ m³ or larger, culverts of 10m³/s or larger, and pumping stations of 20m³/s or larger, a protective force must be established.
Is there a provision regarding the Flood Control and Storm Prevention Command of the works?
Yes, the Flood Control and Storm Prevention Command of the works is established according to the decision of the competent authority and includes leaders of the administrative authorities, management units of the works, specialized agencies, and related units.
全文
CIRCULAR
Guidelines for the preparation and approval of the Waterworks Project Protection Plan
_______________________
Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Ordinance on Exploitation and Protection of Waterworks Projects No. 32/2001/PL-UBTVQH10 adopted by the Standing Committee of the National Assembly on April 4, 2001;
Pursuant to Decree No. 143/2003/NĐ-CP dated November 28, 2003 detailing certain provisions of the Ordinance on Exploitation and Protection of Waterworks Projects and Decree No. 72/2007/NĐ-CP dated May 7, 2007 on dam safety management;
The Ministry of Agriculture and Rural Development hereby provides guidelines for the preparation and approval of the Waterworks Project Protection Plan as follows:
PART I
GENERAL PROVISIONS
Article 1. Scope of application
1. Organizations and individuals directly managing and protecting waterworks projects must prepare the Waterworks Project Protection Plan.
2. Waterworks projects must prepare and approve the Protection Plan, including:
- National important waterworks projects.
- Main structures (dams, weirs, sluices) from Class II and above of reservoirs, areas within reservoir basins with a capacity of 5,106 cubic meters or more.
- Pump stations with a flow rate of 20 cubic meters per second or more.
- Sluices with a flow rate of 10 cubic meters per second or more.
- Open canals with a flow rate of 10 cubic meters per second or more, submerged canals with a flow rate of 50 cubic meters per second or more.
3. For waterworks projects not mentioned in Clause 2, Article 1: Organizations and individuals directly managing the project have the responsibility to prepare and implement the Waterworks Project Protection Plan.
4. For sluices through levees: Implementation of the preparation and organization of the protection plan shall be carried out according to this Circular and relevant laws on levee management.
Article 2. Scope of Regulation:
This Circular guides the preparation and approval of the Waterworks Project Protection Plan.
Chapter II
CONTENTS OF THE WATERWORKS PROJECT PROTECTION PLAN
Article 3. Contents of the Waterworks Project Protection Plan
1. Topographical, geological features, rainfall and flood conditions in the watershed, design criteria and parameters, layout plan of the project, irrigated area, and operational procedures of the project.
2. Assessment of current status and safety of the project.
3. Management, operation, and protection situation of the project.
4. Regulations on regular, periodic, and emergency inspections and reporting.
5. Establishment of protection plans for the project under the following circumstances:
a) Protection of the project during normal management and operation:
- Determination of the protection zone around the project accompanied by a layout plan.
- Protection regime: regular, periodic, and emergency inspections.
- Organization of protective forces: deployment, assignment, and responsibilities.
- A set of rules for protecting the project placed at the main location of national important waterworks projects, reservoir dams with a capacity of 5x10^6 cubic meters or more, water intake sluices with a flow rate of 10 cubic meters per second or more, and electric pump stations with a flow rate of 20 cubic meters per second or more.
b) Protection and ensuring safety of the project during the rainy season and floods, or when the project experiences incidents or has a risk of incidents:
- Organizational and command plan.
- Technical plan.
- Plan for mobilizing materials, equipment, and facilities.
- Plan for mobilizing manpower and logistics.
- Information and communication plan.
- Evacuation plan for residents.
Article 4. Specific Provisions on the Protection Zone of the Project
The establishment of boundary markers for the surrounding area of waterworks projects as stipulated in Clause 3, Article 25 of the Ordinance on Exploitation and Protection of Waterworks Projects and Article 23 of Decree No. 143/2003/NĐ-CP dated November 28, 2003 detailing certain provisions of the Ordinance on Exploitation and Protection of Waterworks Projects is specified as follows:
1. For dams from Class II and above of reservoirs: The distance between two adjacent markers is 20 meters (for dams near urban areas or concentrated residential areas) and 50 meters (for dams not near urban areas or concentrated residential areas).
2. Areas within reservoir basins with a capacity of 5 x 10^6 cubic meters or more (excluding reservoirs with steep basin slopes or watersheds that are dense forests without human habitation or economic and service activities): Markers should be established along the boundary line at the top elevation of the dam, with the distance between two adjacent markers determined based on specific conditions, but not exceeding 300 meters.
3. Open canals with a flow rate of 10 cubic meters per second or more, submerged canals with a flow rate of 50 cubic meters per second or more: The distance between two adjacent markers is 100 meters (for canals passing through urban areas or concentrated residential areas) and 300 meters (for canals not passing through urban areas or concentrated residential areas).
Article 5. Provisions on organizing security forces for works
1. Organizing security forces for works
For national key works: the work management and operation organization shall establish a work protection team with the participation of the police force.
For dams of water reservoirs with a capacity of 10x10^6 m3 or more, canals with a flow rate of 10 m3/s or more, pumping stations with a flow rate of 20 m3/s or more: the work management and operation organization shall establish a work protection team.
For other irrigation works, depending on the scale, type, and level of importance of the works, the work management and operation organization shall arrange personnel directly managing and operating the works to also protect one work or a cluster of works to ensure safety.
2. Establishing a Flood and Storm Control Command for Works: For irrigation works located within the administrative boundaries under the jurisdiction of a certain People's Committee, the Chairman of that People's Committee shall decide to establish a Flood and Storm Control Command for Works.
The Flood and Storm Control Command for Works includes leaders of the authority, units directly managing the works, specialized agencies, and related units to ensure the safety of the works. The functions, tasks, and authorities of the Command are stipulated in the Decision establishing the Flood and Storm Control Command for Works of the competent authority.
Chapter III
APPROVING AND IMPLEMENTING THE WORK PROTECTION PLAN
Article 6. Receiving Documents and Reviewing the Work Protection Plan
1. For national key irrigation works, the Ministry of Agriculture and Rural Development assigns the Water Resources Administration to receive documents and review the work protection plan. During the review, there must be a written agreement from the Ministry of Public Security, the Ministry of National Defense, and relevant ministries and sectors.
2. For irrigation systems serving multiple provinces managed by the Irrigation Works Operation Company (KTCTTL) under the Ministry of Agriculture and Rural Development, the Water Resources Administration shall receive documents and review the work protection plan.
3. For irrigation works within the provincial boundary (excluding those mentioned in Clause 1 and 2 of this Article), the Department of Agriculture and Rural Development shall receive documents and review the work protection plan.
Article 7. Submitting and Approving the Work Protection Plan
1. For irrigation systems and national key irrigation works specified in Clause 3 of Article 22 of the Ordinance on Exploitation and Protection of Irrigation Works: The Ministry of Agriculture and Rural Development shall submit to the Prime Minister for approval of the work protection plan.
2. For irrigation systems serving multiple provinces managed by the KTCTTL Company under the Ministry of Agriculture and Rural Development: The Water Resources Administration shall submit to the Ministry of Agriculture and Rural Development for approval of the work protection plan.
3. For irrigation systems managed by localities: The Department of Agriculture and Rural Development shall submit to the Provincial People's Committee for approval of the work protection plans for works within the provincial boundary, except for those mentioned in Clauses 1 and 2 of this Article.
Article 8. Time Limit for Reviewing and Approving the Work Protection Plan
1. Within seven working days from the date of receiving all necessary documents, the receiving agency shall examine and check the documents. If the documents do not meet the requirements, the receiving agency shall notify the organization or individual preparing the work protection plan to supplement and complete them.
2. Within twenty working days from the date of receiving valid documents, the reviewing agency shall examine and review the documents and submit them to the competent authority for approval.
Article 9. Implementation of the Plan for Protecting Waterworks Projects
1. The Prime Minister directs the implementation of the Plan for Protecting Important National Waterworks Projects that have been approved.
2. For systems serving multiple provinces, the Ministry of Agriculture and Rural Development assigns the People's Committee of the province where the project is located to direct the implementation of the approved protection plan.
3. People's Committees at all levels implement the approved protection plans as stipulated in Points a, b, and c Clause 2 Article 22 of the Ordinance on Exploitation and Protection of Waterworks Projects.
Chapter IV
IMPLEMENTATION
Article 10. Responsibilities for Organizing the Implementation of the Circular
1. The Department of Irrigation: Urges, inspects the establishment, approval, and organization of implementation of protection plans for waterworks projects within the approval authority of the Ministry of Agriculture and Rural Development and localities.
2. Departments of Agriculture and Rural Development of provinces and centrally governed cities assist the People's Committee of the province in urging, inspecting organizations and individuals directly managing waterworks projects in the locality to establish protection plans for the projects; review, submit for approval, and monitor the implementation of protection plans for waterworks projects.
3. Organizations and individuals directly managing waterworks projects are responsible for establishing and organizing the implementation of approved protection plans for waterworks projects.
Article 11. Effective Date
This Circular shall take effect forty-five days from the date of signature.
During the implementation process, if there are difficulties, localities are requested to report and provide feedback to the Ministry of Agriculture and Rural Development for consideration and research to make appropriate amendments./.
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