Circular No. 65/2009/TT-BNNPTNT guides the organization of activities and分级管理，运营和利用水利设施

CIRCULAR

Guidelines for organizing activities and分级管理及运营水利设施

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Pursuant to 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;

Pursuant to Decree No. 31/2005/NĐ-CP dated March 11, 2005 of the Government on production and supply of public goods and services;

Pursuant to Decree No. 143/2003/NĐ-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Exploitation and Protection of Waterworks; Decree No. 115/2008/NĐ-CP dated November 14, 2008 of the Government amending and supplementing certain articles of Decree No. 143/2003/NĐ-CP;

Pursuant to Decision No. 38/2007/QĐ-TTg dated March 20, 2007 of the Prime Minister on issuing criteria and classification list of wholly state-owned enterprises;

The Ministry of Agriculture and Rural Development guides the organization of activities and分级管理及运营水利设施如下：

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.

These guidelines apply to the organization of activities and分级管理及运营由国家预算资金投资建设或来源于国家预算资金并已投入使用的水利设施和系统。

For waterworks and systems constructed with other sources of funds, the management and operation shall be organized by the owner (or their representative) based on the application of these guidelines and other relevant guidelines under the law, ensuring safety and effective utilization.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

The entities subject to these guidelines are organizations, households, and individuals entrusted with the tasks of managing, operating, and protecting waterworks.

Article 2. Interpretation of Terms

1. "Waterworks" refers to infrastructure works aimed at utilizing the benefits of water, preventing damage caused by water, protecting the environment, and maintaining ecological balance, including reservoirs, dams, sluices, pumping stations, wells, water pipelines, canals, structures on canals, dikes, and various types of embankments.

2. "System of waterworks" refers to a collection of interrelated waterworks in terms of management, operation, and protection within a watershed or a specific area.

3. "Inter-provincial system of waterworks" refers to a system of waterworks related or serving irrigation, drainage, and water supply for beneficiaries belonging to two provinces or equivalent administrative units or more.

4. "Inter-district system of waterworks" refers to a system of waterworks related or serving irrigation, drainage, and water supply for beneficiaries belonging to two districts or equivalent administrative units or more.

5. "Inter-commune system of waterworks" refers to a system of waterworks related or serving irrigation, drainage, and water supply for beneficiaries belonging to two communes or equivalent administrative units or more.

6. "Sluice at the head of the canal as defined in Decree No. 115/2008/NĐ-CP" refers to a water conveyance or drainage structure for a specific benefiting area under the responsibility of the beneficiary. Management, operation, repair, and protection costs from the sluice at the head of the canal to the field surface shall be borne by the beneficiary (referred to as the intra-field water service fee).

7. "Water user cooperative" refers to a form of cooperation among those who benefit from waterworks, responsible for operating and protecting the waterworks, serving production and daily life needs.

Article 3. Principles for Organizing the Management and Operation of Waterworks

1. The organization of management and operation of waterworks must ensure the integrity of the waterworks system, combining management by watersheds and regions. It must guarantee the safety and efficient exploitation of waterworks in irrigation, drainage, and water supply services for various industries, livelihoods, socio-economic development, and environmental protection.

2. The organizational model for managing and operating waterworks must be suitable for the nature, characteristics of operations, technical requirements for management and operation, and specific conditions of each region and locality. Each waterworks system must be directly managed, operated, and protected by one organization or individual.

3. The management, operation, and protection of major key waterworks, large main canals and branches with complex operational techniques must be carried out by enterprises with the capability and experience in managing, operating, and protecting waterworks to ensure safe and efficient operation of the facilities.

4. Organizations and individuals entrusted with or participating in the management, operation, and protection of waterworks and systems must have the appropriate capacity and experience corresponding to the scale, nature, and technical requirements of the assigned waterworks and systems, and bear responsibility before the ordering agency (or service contract agency), local state management agencies, and laws for the results of the management, operation, and protection of waterworks within the scope assigned.

5. The Ministry of Agriculture and Rural Development shall directly organize the management or delegate to the People's Committee of the province in the benefiting area to organize the management of inter-provincial waterworks systems.

Article 4. Content and requirements of the management and operation of irrigation works

1. The management and operation of irrigation works include the following three main contents:

a) Water management: Regulating and distributing water, fairly and reasonably draining water within the irrigation work system to meet the needs for agricultural production, people's livelihoods, the environment, and other national economic sectors.

b) Engineering management: Inspecting, monitoring, promptly identifying and handling incidents within the irrigation work system, while effectively performing maintenance, repair, and upgrading of works, machinery, and equipment; protecting and operating the works according to technical standards and specifications to ensure safe, efficient operation and long-term use.

c) Organizational and economic management: Establishing a reasonable organizational model to manage and utilize capital, assets, and all assigned resources efficiently to fulfill and complete the tasks of managing and protecting irrigation works and conducting comprehensive business operations in accordance with the law.

2. Requirements for the management and operation of irrigation works

a) Managing, operating, maintaining, and servicing irrigation and water supply works according to technical standards and specifications to ensure safety, timely and effective service for production, society, and people's livelihoods.

b) Implementing the provision of public goods and services such as irrigation and water supply to serve agricultural production and other economic sectors based on contracts with competent authorities or assigned plans.

c) Utilizing capital, assets, and all assigned resources to effectively complete the tasks of managing and operating irrigation works.

d) Leveraging works, machinery, labor, technology, land, scenery, and mobilizing capital to conduct other business activities, provided that it does not affect the assigned tasks of managing and operating irrigation works and complies with legal regulations.

Chapter II

ORGANIZATION, METHODS AND SOURCES OF FUNDS FOR THE ACTIVITIES OF MANAGEMENT AND OPERATION ORGANIZATIONS OF IRRIGATION WORKS

Article 5. Organizations for the management and operation of irrigation works

Organizations for the management and operation of irrigation works include the following types:

1. Enterprises: including State-owned Joint Stock Companies (JSC) with 100% state capital; other companies participating or being assigned the task of managing and operating irrigation works.

2. Cooperative organizations operating under the Law on Cooperatives or the Civil Code and current guidelines, regardless of their name.

3. Households and individuals directly managing, operating, and protecting irrigation works (through bidding or pilot assignment).

4. In cases where localities have no dedicated enterprises to perform the tasks of managing, operating, and protecting irrigation works, they may temporarily assign these tasks to other enterprises (or public institutions) in the locality. The assigned entity must establish a specialized department for managing and operating irrigation works, then consolidate, improve, and complete its organization according to Clause 1 of this Article. New public institutions shall not be established to replace enterprises currently performing the tasks of managing, operating, and protecting irrigation works.

Depending on the specific conditions of each locality, appropriate organizational models for managing and operating irrigation works should be established in accordance with legal provisions, ensuring efficiency and effectiveness.

Article 6. Provincial Inter-Provincial Waterworks Company

1. The Provincial Inter-Provincial Waterworks Company shall be established by the Minister of Agriculture and Rural Development to manage major waterworks projects, main canals, and large-scale water regulation facilities within the inter-provincial waterworks system, which have complex technical requirements for management, operation, and water regulation to ensure harmonious benefits among localities within the system and among water users.

2. The Provincial Inter-Provincial Waterworks Company under the Ministry of Agriculture and Rural Development shall develop irrigation and water supply plans for the entire system, take the lead in coordinating with management, exploitation, and protection units of waterworks projects within the province's scope of the system to operate the waterworks system according to the approved operational procedures, ensuring that the system operates synchronously and smoothly without being cut off along provincial administrative boundaries.

Article 7. Waterworks Exploitation Company

1. The Waterworks Exploitation Company under the People's Committee of the province shall be established by the Chairman of the People's Committee of the province to manage major waterworks projects, main canals, and medium to large-scale water regulation facilities within the inter-provincial waterworks system (except for cases stipulated in Clause 1 of Article 6 of this Circular); inter-district and inter-commune waterworks systems with complex technical requirements for management, operation, and water regulation, aimed at ensuring harmonious benefits among districts and communes within the system and among water users.

2. The Waterworks Exploitation Company under the People's Committee of the province shall develop irrigation and water supply plans for the entire system, take the lead in coordinating with management, exploitation, and protection units of waterworks projects within the system to operate the waterworks system according to the approved operational procedures, ensuring that the system operates synchronously and smoothly without being cut off along provincial administrative boundaries.

Article 8. Authority to Decide on Organizational Models and Modes of Operation of Waterworks Management and Exploitation Organizations

1. Organizational Model

a) For business entities: The agency deciding to establish a waterworks management and exploitation organization is the agency deciding on the organizational model and mode of operation of that organization.

b) Water User Cooperative Organizations: The beneficiary collective self-determines the organizational model and activities of the Water User Cooperative Organization, reports to competent authorities for review and recognition in accordance with current regulations.

2. Mode of Operation of Waterworks Management and Exploitation Organizations

a) Waterworks management and exploitation organizations operate in accordance with current regulations on production and provision of public goods and services. All types of waterworks management and exploitation organizations adopt the form of placing orders (only applying the form of assigning plans for special cases).

b) All types of waterworks management and exploitation organizations are encouraged to pilot the form of tendering and contracting for the management, protection, and maintenance of project components and ditches within their management scope based on economic and technical norms and the content and budget estimates approved.

c) Enterprises and Water User Cooperative Organizations, when placed orders or assigned plans for managing and exploiting waterworks by competent authorities, are autonomous in organizing the implementation of tasks, reorganizing structures, and reforming management mechanisms to enhance the capacity and effectiveness of operations. Implement the contract mechanism, linking the rights and responsibilities of workers with production results.

Article 9. Sources of operating funds for organizations managing and exploiting water conservancy works

1. The sources of operating funds for enterprises managing and exploiting water conservancy works include:

a) Funds provided by competent state agencies due to policies exempting water conservancy fees, for managing, operating, and protecting the water conservancy work system;

b) Water conservancy fees, water charges, and sewage discharge fees collected according to the provisions of the law;

c) State budget funds allocated for repairing, upgrading water conservancy works, restoring water conservancy works damaged by natural disasters according to approved investment projects by competent state agencies; supporting electricity, gasoline, and diesel fuel costs for pumping water to combat drought and flooding beyond the standard level;

d) Subsidies for public service activities from revenue sources that are insufficient to cover reasonable expenses;

đ) Revenues from comprehensive exploitation of water conservancy works and other revenues.

2. The sources of operating funds for Cooperative Organizations using water include:

a) Irrigation service fees within fields agreed upon by users to operate, maintain, and protect water conservancy works;

b) Water conservancy fees and water charges collected from entities required to pay according to the provisions of the law;

c) Operating funds exceeding the scale of the head canal weir managed by the Cooperative Organization using water;

d) State budget funds allocated for repairing, upgrading water conservancy works, restoring water conservancy works damaged by natural disasters according to approved investment projects by competent state agencies; supporting electricity, gasoline, and diesel fuel costs for pumping water to combat drought and flooding beyond the standard level;

đ) Revenues from comprehensive exploitation of water conservancy works and other revenues.

3. Organizations managing and exploiting water conservancy works have autonomy in using funds for annual operational expenses, including maintenance, repair, upgrade, and reinforcement of water conservancy works managed according to current regulations, after signing contracts or receiving plans.

4. Based on labor norms and wage rates approved by authorized bodies, enterprises exploiting water conservancy works can proactively arrange labor and payment methods. Enterprises are encouraged to reduce staffing levels to increase income for staff and employees; organizations and individuals are encouraged to innovate and improve technology, applying scientific and technological advancements to enhance labor productivity, reduce costs, conserve water, materials, fuels, and energy to improve the efficiency of water conservancy work exploitation.

Provincial People's Committees shall establish reward mechanisms for organizations and individuals who contribute benefits to the state and collective based on the benefits generated.

Article 10. Contracts and acceptance of irrigation and water supply contracts

1. At the beginning of each production season, based on the capacity of the water conservancy work system, irrigated area, water demand, and water usage quotas issued by competent authorities (if applicable), organizations managing and exploiting water conservancy works shall enter into water use contracts (or establish irrigation registers) with benefiting organizations and individuals.

It is encouraged for organizations managing and exploiting water conservancy works to provide water at water distribution points based on volume and charge according to the average volume of water supplied per hectare.

In cases where there are changes in the benefiting area or other management and exploitation changes during the year affecting the results and objectives of the water conservancy work system, the organization managing and exploiting water conservancy works must report to the competent authority for review and resolution.

2. At the end of each production season, based on the results of production services (actual irrigated area or water supplied volume), service quality, and channel and facility quality, organizations managing and exploiting water conservancy works shall conduct the acceptance and settlement of irrigation and water supply contracts with benefiting organizations and individuals.

3. The results of the acceptance and settlement of irrigation and water supply contracts serve as the basis for the ordering agency to settle and finalize the subsidy water conservancy fee budget for the unit. If there is a discrepancy between the initial budget allocation by the competent authority at the beginning of the year and the actual acceptance and settlement results, it shall be handled according to the guidelines set out in Point 5.2.2, Section 5.2, Clause 5, Part II of Circular No. 11/2009/TT-BTC dated January 21, 2009, guiding the placement of orders and plan allocation for units responsible for managing and exploiting water conservancy works and the financial management regulations of state-owned companies responsible for managing and exploiting water conservancy works.

Chapter III

TASKS AND LIMITATIONS OF ORGANIZATIONS MANAGING AND EXPLOITING WATER CONSERVANCY WORKS

Article 11. Tasks and authorities of enterprises assigned to manage, operate, and protect water conservancy works

1. Tasks and authorities

The tasks and authorities of enterprises assigned to manage and operate water conservancy works, or those participating in such management and operation, shall be carried out in accordance with the provisions of Articles 7 and 8 of Decree No. 143/2003/NĐ-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Water Conservancy Works Operation and Protection and other relevant laws based on the business license granted.

2. Organizational structure of enterprises assigned to manage and operate water conservancy works

a) Depending on the type of enterprise, the management and operational structure, supervisory board, and legal representative of the enterprise shall be established in accordance with the provisions of the Enterprise Law 2005 and other relevant laws and approved by the owner in the Company Charter.

The organizational structure of departments and divisions within enterprises operating water conservancy works shall be arranged appropriately according to the scale, volume of management work, assigned tasks, business activities registered for operation, actual conditions, and approved by the owner in the Company Charter.

b) Production and public service organizations under the enterprise

Based on the scale and scope of operations, enterprises operating water conservancy works may establish branch offices (or affiliated factories), water conservancy work management and operation stations, or clusters of water conservancy work management and operation directly subordinate to them, managed either by individual works or by geographical area.

c) Enterprises assigned to manage, operate, and protect water conservancy works may organize production, business, and services outside their public welfare tasks according to their capacity and scale, ensuring compliance with legal regulations and without affecting the assigned public welfare tasks.

Article 12. Tasks and authorities of water user cooperative organizations assigned to manage, operate, and protect water conservancy works

1. The tasks and authorities of water user cooperative organizations shall be implemented in accordance with the provisions of Articles 9 and 10 of Decree No. 143/2003/NĐ-CP dated November 28, 2003 of the Government detailing the implementation of certain provisions of the Ordinance on Water Conservancy Works Operation and Protection and other relevant laws based on the charter or regulations of the organization approved by competent authorities.

2. The organizational models and activities of water user cooperative organizations include the following types:

a) Cooperatives: These are comprehensive agricultural service cooperatives (participating in water conservancy management, operation, and protection services) or specialized water conservancy service cooperatives.

b) Cooperative groups: These are cooperative organizations of water users established under different names such as Water User Associations, Water Route Groups, Management Committees...

The organizational models, methods of establishment, and operational activities of these types are implemented in accordance with Circular No. 04/2008/TT-BKH dated July 9, 2008 of the Ministry of Planning and Investment guiding certain provisions of Decree No. 151/2007/NĐ-CP dated October 10, 2007 of the Government on the organization and operation of cooperative groups and Circular No. 75/2004/TT-BNN dated December 20, 2004 of the Ministry of Agriculture and Rural Development guiding the establishment, consolidation, and development of water user cooperative organizations.

Article 13. Household families and individuals participating in the management, operation, and protection of irrigation works

The tasks and authorities of household families and individuals entrusted with managing, operating, and protecting irrigation works shall be carried out according to the contractual agreement between the contracting party and the receiving party. Encouraging pilot implementation of tendering and contracting small and simple irrigation works to household families and individuals for the purpose of managing, operating, and protecting them. The Provincial People's Committee decides on the scale of irrigation works that can be tendered and contracted.

Chapter IV

GRADATION OF MANAGEMENT AND EXPLOITATION OF IRRIGATION WORKS

Article 14. Basis for gradation

1. According to the provisions of Article 6 of Decree No. 143/2003/NĐ-CP dated November 28, 2003 of the Government detailing the implementation of certain articles of the Ordinance on Exploitation and Protection of Irrigation Works.

2. Based on the decision of the Provincial People's Committee regarding the gradation of management, exploitation, operation, and protection of irrigation works within the province.

3. For irrigation works and systems belonging to a certain level, that level shall decide on the organizational model and management method according to this Circular and current laws, ensuring safety and maximizing the effectiveness of the works.

Article 15. Conditions for implementing gradation

1. Organizations and individuals assigned to manage and exploit irrigation works and systems must meet the requirements of capacity and experience as stipulated by the Ministry of Agriculture and Rural Development.

2. Gradation of management of irrigation works shall be implemented simultaneously or after the Water User Cooperative has been strengthened and improved in terms of capacity. Enhancing the role of local authorities and people in participating in management, exploitation, and protection to maximize the effectiveness of irrigation works.

3. Organizations and individuals entrusted with managing, exploiting, and protecting irrigation works shall enjoy all rights and fulfill their obligations in managing, exploiting, and protecting the works according to current laws.

Article 16. Criteria for gradation of management and exploitation of irrigation works

Irrigation works and systems not large in scale, with simple technical characteristics, meeting the criteria below may be delegated to Water User Cooperatives, household families, and individuals for management to save costs and enhance work efficiency:

Independent main works include the following types:

a) Reservoirs:

Reservoirs with a storage capacity of up to 1,000,000 cubic meters of water, or up to 500,000 cubic meters (in mountainous areas, remote regions); or dam height of up to 12 meters, serving within a commune or equivalent administrative unit.

b) Dams:

Dams with a dam height of up to 10 meters, with an irrigation scale within a commune or equivalent administrative unit.

c) Electric pumping stations: serving within a commune or equivalent administrative unit, the designed irrigated and drained area should not exceed:

- Nationwide mountainous region: 100 hectares.

- Red River Delta: 300 hectares.

- Mekong Delta: 500 hectares.

- Other regions: 200 hectares.

2. For works and canals belonging to the main irrigation system managed, exploited, and protected by enterprises:

Works and canals belonging to large-scale irrigation systems managed, exploited, and protected by enterprises may be considered for delegation to Water User Cooperatives, household families, and individuals for management but the area should not exceed 500 hectares.

3. For main works such as saltwater barriers, freshwater retention structures, and under-dike structures: Tasks of management and operation shall be assigned based on actual conditions, ensuring compliance with the Law on Dikes and guiding documents for its implementation.

Article 17. Implementation of分级

1. For other types of key works, the criteria for similar key works already specified in Article 16 of this Circular shall be applied, taking into account the actual conditions at the local level to implement the分级

2. For water conservancy works currently managed, operated, and protected by organizations that do not have legal person status, the competent state authorities shall entrust such works to enterprises managing, operating, and protecting water conservancy works within their jurisdiction through contracts with those enterprises.

3. Based on the criteria stipulated in this Circular, considering the specific conditions of each locality, the People's Committee of the province shall decide on the分级

Article 18. Determination of Head Ditches

1. The head ditch is defined according to the designed irrigation and drainage area for each region as follows:

a) Nationwide mountainous areas: up to 50 hectares.

b) Red River Delta: up to 250 hectares.

c) Central Highlands, central coastal areas, Central Highlands, and Southeastern regions: up to 200 hectares.

d) Mekong Delta: up to 400 hectares.

2. The People's Committee of the province shall issue specific decisions on the scale of the head ditch and the ceiling rate of water service fees for intra-field water services to cover the costs of management, operation, maintenance, and repair of works under the jurisdiction of Water User Organizations, aiming to enhance public awareness in water conservation and protection of water conservancy works.

The Department of Agriculture and Rural Development shall cooperate with the provincial Department of Finance to investigate and calculate the actual costs of Water User Organizations, submit them to the People's Committee of the province for consideration and decision on the ceiling rate of water service fees for the entire province.

Water User Organizations, households, and individuals managing works and canals with a scale larger than the specified size of the head ditch by the People's Committee of the province shall receive part of the funding from the State's water conservancy fee subsidy. The specific ratio and amount shall be agreed upon between the water conservancy work management company and the Water User Organization based on the volume of work performed and the actual area exceeding the specified limit.

Chapter V

IMPLEMENTATION

Article 19. Implementation

1. Departments of Agriculture and Rural Development of provinces and centrally-administered cities:

a) Direct and guide the consolidation and improvement of organizational systems and the分级

b) Direct specialized agencies in the province to organize technical guidance on operation, apply scientific irrigation and drainage methods, and simple maintenance and repair tasks for staff of Water User Organizations, households, and individuals involved in the management and operation of water conservancy works.

c) Annually, develop plans for regular and periodic inspections of works and organize training and seminars for personnel directly responsible for the operation and protection of works.

2. Units managing and operating water conservancy works shall base on this Circular to formulate proposals for分级

Regularly report or report promptly when there are changes in the condition of works and the management and operation situation of water conservancy works to relevant state management agencies on water conservancy in the area and competent authorities for consideration and resolution.

Article 20. Effective Date

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

During implementation, Departments of Agriculture and Rural Development of provinces and centrally-administered cities, and units managing and operating water conservancy works should promptly reflect any difficulties to the Ministry of Agriculture and Rural Development for timely revision and supplementation to ensure compliance./.