Decree No. 48/2020/ND-CP amending and supplementing certain Articles of Decree No. 38/2016/ND-CP dated May 15, 2016 of the Government detailing some provisions of the Law on Meteorology and Hydrology.

 

DECREE

Amending and supplementing certain articles of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing some provisions of the Law on Meteorology and Hydrology

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Pursuant to the Law on the Organization of the Government dated June 19, 2015;

Pursuant to the Law on Meteorology and Hydrology dated November 23, 2015;

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

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing some provisions of the Law on Meteorology and Hydrology.

Circular No. 03/2023/TT-BCA Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing some provisions ofthe Law on Meteorology and Hydrology

1. Clause 3 shall be amended and supplemented as follows:

“Article 3. Construction projects subject to meteorological and hydrological observation

1. Construction projects subject to meteorological and hydrological observation as stipulated in Clause 3, Article 13 of the Law on Meteorology and Hydrology include:

a) Civil airports;

b) Dams and reservoirs classified as particularly important, large, or medium according to the Government's regulations on dam and reservoir safety management and those within the scope regulated by the inter-reservoir operation procedures for river basins (hereinafter referred to as dams and reservoirs);

c) Ports belonging to Class I and Class II seaports according to the list of seaports and ports published by the Ministry of Transport.

In cases where a seaport has multiple ports, the Director of the Maritime Port Management Unit shall take the lead in organizing consultations with relevant state management agencies for natural resources and environment, local meteorological and hydrological agencies, to decide on selecting one or several representative ports regarding natural meteorological and hydrological conditions in the seaport area to conduct observations and provide meteorological and hydrological information and data in accordance with this Decree. The remaining ports have the right to exploit and share observational information and are obligated to contribute financial resources at an average rate to implement observations and provide meteorological and hydrological information and data in accordance with this Decree.

Military ports shall carry out observations and provide meteorological and hydrological information and data in accordance with regulations of the Ministry of National Defense;

d) Bridges with navigable spans of 500 meters or more;

đ) Radio and television transmission towers that combine sightseeing and business services for customers on the tower;

e) Cable cars serving sightseeing and tourism activities;

g) National parks;

h) Expressway routes in areas frequently experiencing dangerous weather conditions determined by the General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and updated every three years;

i) Combined inland waterway ports of Class I or higher;

k) Special-purpose construction projects including islands in the Spratly Archipelago, service and technical platforms (DK1), military airports serving defense and security purposes.

2. Owners of dams and reservoirs, direct management organizations of national parks, special-purpose construction projects serving defense and security purposes, project investors or entities and individuals operating civil airports, ports, bridges, radio and television transmission towers, cable cars, expressways, combined inland waterway ports as stipulated in Clause 1 of this Decree shall be responsible for ensuring funding to organize and implement meteorological and hydrological observations and provide information and data in accordance with this Decree.

3. Within three years from the date this Decree takes effect, if necessary, the Ministry of Natural Resources and Environment shall review and submit to the Government for decision on adjusting and supplementing types of construction projects subject to meteorological and hydrological observations and provision of information and data in accordance with this Decree."

2. Clause 4 shall be amended and supplemented as follows:

“Article 4. Content, regime, and location of meteorological and hydrological observation

1. The owner, direct management organization, project investor, or organization or individual operating the works specified in Clause 1 of Article 1 of this Decree shall decide on the content, regime, and technology of meteorological and hydrological observation according to the needs for exploitation and use of the works but must ensure the minimum requirements for each type of work as follows:

a) Civil airports shall conduct observations in accordance with the regulations of the Ministry of Transport.

b) Dams, reservoirs:

Particularly important dams, large dams, and medium dams shall conduct observations in accordance with the Government's regulations on dam and reservoir safety management.

Dams and reservoirs within the scope regulated by the inter-reservoir operation procedures shall conduct observations in accordance with the inter-reservoir operation procedures;

c) Ports shall observe wind direction and speed on the port, sea level, waves in the water area before the port, distant sea view, four times a day at 01:00, 07:00, 13:00, and 19:00 Hanoi time;

d) Bridges shall observe wind direction and speed at the middle span or one end of the bridge, four times a day at 01:00, 07:00, 13:00, and 19:00 Hanoi time;

đ) Radio and television transmission towers that combine tourist activities and business services on the tower shall observe wind direction and speed at two-thirds of the tower height from the base, three times a day at 07:00, 13:00, and 19:00 Hanoi time;

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

g) National parks shall observe rainfall, temperature, air humidity, wind direction and speed, four times a day at 01:00, 07:00, 13:00, and 19:00 Hanoi time; the distance from any point in the park to the nearest observation station must not exceed 15 km;

h) Expressways shall conduct observations in accordance with national technical standards for traffic monitoring systems on expressways and provide meteorological and hydrological information and data as prescribed in this Decree;

In cases where expressways have already installed weather information systems in accordance with national technical standards for traffic monitoring systems on expressways, the project investor or organization or individual operating the expressway may use the existing weather information system to organize observations and provide meteorological and hydrological information and data as prescribed in this Decree;

i) Combined inland waterway ports of Class I or higher shall observe distant views, water levels, wind direction and speed, four times a day at 01:00, 07:00, 13:00, and 19:00 Hanoi time;

k) Special works including islands in the Spratly Archipelago, service and economic-technical platforms (DK1), and military airports serving defense and security purposes shall conduct observations in accordance with the regulations of the Ministry of National Defense.

2. Based on the characteristics and nature of the works, technical requirements for observation, and the need for information and data, the owner, direct management organization, project investor, or organization or individual operating the works specified in Clause 1 of Article 1 of this Decree shall determine the location of meteorological and hydrological observation facilities or instruments suitable for the works.

3. The Ministry of Natural Resources and Environment shall specify the technical criteria for selecting representative natural conditions, content, methods, and density of specialized meteorological and hydrological observations in the areas of Vietnamese seaports and the works specified in points b, c, d, đ, e, g, and i of Clause 1 of Article 1 of this Decree.”

3. Article 5 shall be amended and supplemented as follows:

“Article 5. Provision of Meteorological and Hydrological Observation Information and Data

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 General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment is the agency organizing the provision of meteorological and hydrological observation information and data from stations within the national meteorological and hydrological station network to the national weather forecasting and warning system and the national meteorological and hydrological database.

2. The owner, direct management organization, project investor, or entity or individual operating the works specified in Clause 1, Article 1 of this Decree shall provide meteorological and hydrological observation information and data as follows:

a) Civil airports provide meteorological and hydrological observation information and data including wind direction, speed (including gusts), visibility, weather phenomena, clouds, temperature, dew point temperature, air pressure, and additional observation data every 30 minutes (if available), continuously for 24 hours at airports operating 24 hours a day, from 05:00 on the previous day to 18:00 on the following day according to Hanoi time at airports not operating 24 hours a day;

b) Dams, reservoirs:

Within no more than 30 minutes after the end of the observation, provide all meteorological and hydrological observation information and data to the General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and the provincial environmental resource management authority where the dam, reservoir, or downstream area of the dam is located.

Dams and reservoirs within the scope regulated by the inter-reservoir operation procedure shall comply with the provisions of the inter-reservoir operation procedure;

c) Special-purpose facilities including islands in the Spratly Archipelago, service and technical complexes (DK1) platforms, and military airports serving defense and security purposes provide meteorological and hydrological observation information and data in accordance with the regulations of the Ministry of National Defense;

d) Other facilities, after the end of the observation period, within no more than 30 minutes, provide all meteorological and hydrological observation information and data to the General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and the provincial environmental resource management authority where the facility is located.

3. Owners of dedicated meteorological and hydrological stations not covered by Clause 1 of this Article shall provide once annually before March 31 each year all meteorological and hydrological observation information and data of the previous year to the General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and the provincial environmental resource management authority where the facility is located.

4. The provision of meteorological and hydrological observation information and data shall be carried out in accordance with the data standards prescribed by the Ministry of Natural Resources and Environment and through one or more of the following methods:

a) Written documents, carriers of information;

b) Specialized communication means;

c) Internet;

d) Public information networks;

đ) Direct telephone communication;

e) Other methods agreed upon between the provider and the recipient of the information and data.

5. The owner, direct management organization, project investor, or entity or individual operating the works specified in Clause 1 of Article 1 of this Decree, and other entities or individuals who are owners of dedicated meteorological and hydrological stations have the responsibility to coordinate and unify with the General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and the provincial environmental resource management authority where the facility is located to promptly and continuously provide meteorological and hydrological observation information and data.

6. The General Department of Meteorology and Hydrology under the Ministry of Natural Resources and Environment and the provincial environmental resource management authority have the responsibility to provide and publicly disclose on their electronic information websites the information about addresses, methods, frequency, electronic information portals, or other communication means to receive information and data from the owner, direct management organization, project investor, or entity or individual operating the works specified in Clause 1 of Article 1 of this Decree and other owners of dedicated meteorological and hydrological stations.

4. Article 7 is amended by adding Clause 5 as follows:

"5. Agencies, organizations, and individuals base on their specific needs, purposes, and actual conditions decide independently on the technical buffer zone of dedicated meteorological and hydrological works under their management."

5. Article 8 is amended by revising Clause 1 as follows:

"1. Protection of the technical buffer zone of meteorological and hydrological works within the national meteorological and hydrological station network

a) Establishing, approving plans for boundary marker placement, and publicly disclosing boundary markers for the technical buffer zone of meteorological and hydrological works

The establishment, approval of plans for boundary marker placement, and public disclosure of boundary markers for 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.

The costs for establishing, approving, and implementing plans for boundary marker placement and public disclosure of boundary markers for the technical buffer zone of meteorological and hydrological works shall be budgeted annually by the management agency and allocated from the state budget in accordance with the 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 surface meteorological observation gardens and radar weather installation towers, the following additional provisions apply:

Within a range of 50 meters to 100 meters from the perimeter fence of the surface meteorological observation garden towards all directions, trees may be planted or buildings constructed but the height must ensure that the angle between the line connecting the nearest point from the fence to the highest point of the tree or building and the surface of the garden does not exceed 10⁰degrees.

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

6. Article 9 is amended and supplemented with Clause 2 and Clause 3 as follows:

"2. Having minimum material and technical infrastructure to meet the requirements for weather forecasting and warning, including equipment, computing systems, information and data reception, processing, forecast products with sufficient reliability, quality management and evaluation procedures for forecasts and warnings."

3. Have a minimum workforce of 01 (one) person who has graduated from university or higher in meteorology and hydrology, with at least 03 (three) years of experience in weather forecasting and warning activities.

7. Article 13 is amended and supplemented as follows:

“Article 13. Contents of the permit for weather forecasting and warning activities

The permit for weather forecasting and warning activities according to Model No. 05 attached as an appendix to this Decree.

8. Article 15 is amended by amending Point d Clause 1 and supplementing and amending Point c Clause 2 as follows:

1. Documents for issuing a permit for weather forecasting and warning activities for organizations:

d) A declaration on material and technical facilities; information and data for weather forecasting and warning; technical procedures for weather forecasting and warning; management and quality evaluation procedures for weather forecasting and warning according to Model No. 06 attached as an appendix to this Decree.

2. Documents for issuing a permit for weather forecasting and warning activities for individuals:

c) A declaration on material and technical facilities; information and data for weather forecasting and warning; technical procedures for weather forecasting and warning; management and quality evaluation procedures for weather forecasting and warning according to Model No. 06 attached as an appendix to this Decree.

9. Article 24 is amended and supplemented as follows:

“Article 24. Competence to provide and confirm the origin of meteorological and hydrological information and data

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

1. Agencies managing meteorological and hydrological data bases.

2. Public service organizations under the Ministry of Natural Resources and Environment specializing in meteorology and hydrology.

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

4. Other agencies, organizations, and individuals owning meteorological and hydrological information and data that have been checked and evaluated for quality by competent agencies and organizations in accordance with the law.

10. Article 30 is amended and supplemented by amending Point b Clause 2 as follows:

b) Within 01 working day, the agency managing the national meteorological and hydrological data base shall accept and check the application form or document, notification of fees and time for providing information and data in cases where fees are required.

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

11. Article 34 is amended and supplemented as follows:

“Article 34. Procedure, formalities, reporting system, exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, organizations, and individuals from foreign countries

1. Agencies, organizations, and individuals requiring exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, organizations, and individuals from foreign countries must submit directly or send via postal service one set of application documents to the Ministry of Natural Resources and Environment to request permission including the following information:

a) Name and address accompanied by a certified copy or a copy with the original for verification of legal entity certification documents for agencies, organizations, or personal identification documents for individuals requiring exchange of meteorological and hydrological information and data, monitoring climate change with international organizations, organizations, and individuals from foreign countries in accordance with civil law regulations;

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

c) Type and quantity of specific information and data to be exchanged with international organizations, organizations, and individuals from foreign countries;

d) Name and address of international organizations, organizations, and individuals from foreign countries to exchange information and data with;

đ) Time period for exchanging information and data;

e) Form of information and data exchange;

g) Duration of exchanging information and data.

2. Within 15 working days, the Ministry of Natural Resources and Environment will consider the application of agencies, organizations, and individuals and issue a written agreement according to Model No. 07 attached as an appendix to this Decree.

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

3. Within 10 days from the end of the activity of exchanging meteorological and hydrological information and data, monitoring climate change with international organizations, organizations, and individuals from foreign countries, agencies, organizations, and individuals responsible must submit a report to the Ministry of Natural Resources and Environment; in cases where the exchange period exceeds 01 year, an annual report must be submitted before January 15 each year regarding the previous year's exchange activities.

The content of the report according to Model No. 08 attached as an appendix to this Decree.

4. Meteorological and hydrological information and data exchanged within the scope of state secrets shall be implemented in accordance with the law on protecting state secrets.

Article 2. Transitional Provisions

1. Replace the term "National Centre for Hydro-meteorology and Climate Change" as defined in Decree No. 38/2016/NĐ-CP dated May 15, 2016 of the Government detailing certain provisions of the Law on Meteorology and Hydrology with "General Department of Hydro-meteorology under the Ministry of Natural Resources and Environment".

2. The deadline for organizing observation and providing meteorological and hydrological information and data for projects' owners specified in Clause 1 of Article 1 of this Decree which are currently in operation but have not yet conducted meteorological and hydrological observations shall be implemented as follows:

a) Medium-sized dams and reservoirs with flood control gates must organize observation and provide meteorological and hydrological information and data no later than 01 year, and medium-sized dams and reservoirs with free overflow spillways must organize observation and provide meteorological and hydrological information and data no later than 02 years from the date this Decree takes effect;

b) Ports; bridges with navigable spans of 500 meters or more not passing through coastal sea areas, straits, bays, or islands in internal waters; expressways; inland waterway ports of Class I or above; special projects including Spratly Islands, service and technical platforms (DK1), and military airports serving defense and security purposes must organize observation and provide meteorological and hydrological information and data no later than 02 years from the date this Decree takes effect.

3. Within 06 months from the date this Decree takes effect, ministries, ministerial-level agencies, and provincial People's Committees shall review and establish lists of projects and project owners required to organize meteorological and hydrological observations as stipulated in Clause 1 of Article 1 of this Decree within their jurisdiction; regularly urge, inspect, and update and supplement the list of projects and project owners to the Ministry of Natural Resources and Environment before December 15 each year.

4. This Decree takes effect from June 1, 2020.

Article 3. Implementation Provisions

1. The Minister of Natural Resources and Environment is responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.