Pursuant to …;

Regarding the issuance of the Regulation on the organization and operation of the National Council for Water Resources

on water resources

________________________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decision No. 67/2000/QĐ-TTg dated June 15, 2000 of the Prime Minister on the establishment of the National Council for Water Resources;

Considering the proposal of the Chairman of the National Council for Water Resources,

DECISION:

Article 1. This Decision promulgates the Regulation on the organization and operation of the National Council for Water Resources attached hereto.

Article 2. This Decision takes effect from the date of signature.

Article 3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial people's councils under central cities, and members of the National Council for Water Resources are responsible for implementing this Decision.

REGULATIONS

ORGANIZATION AND OPERATIONS OF THE NATIONAL COUNCIL FOR WATER RESOURCES
(Issued together with Decision No. 99/2001/QĐ-TTg dated June 28, 2001 of the Prime Minister)

Chapter 1

FUNCTIONS, TASKS, AND LIMITATIONS OF THE NATIONAL COUNCIL FOR WATER RESOURCES

Article 1. The National Council for Water Resources has the task of advising the Government on important decisions regarding water resources within the Government’s functions and powers:

1. Advising on national water resource strategy and policy;

2. Advising on the review of river basin planning for major rivers;

3. Advising on water transfer between major river basins;

4. Advising on projects concerning the protection, exploitation, and utilization of water resources decided by the Government; prevention, control, and mitigation of flood damage and other water-related hazards;

5. Advising on management, protection, exploitation, and utilization of international water sources and resolution of arising disputes;

6. Advising on resolving disputes over water resources among ministries and sectors, and between ministries and sectors and provincial people's councils under central cities, and among provinces and central city municipalities.

Article 2. Based on the tasks stipulated in Article 1 of this Regulation, the National Council for Water Resources:

1. Proactively studies, proposes, and provides advisory opinions to the Government on major policies, large-scale programs, and important issues in the field of water resources;

2. Organizes discussions and solicits opinions from experts and scientists on the national water resource strategy, large and complex programs within the Government's authority;

3. Participates in providing opinions on large and important reports and programs on water resources at the request of ministries, sectors, localities, or as required by the Government.

Article 3. Tasks and authorities of council members:

1. Tasks and authorities of the Chairman of the Council:

- Leads the Council's activities according to the functions and tasks prescribed in Articles 1 and 2 of Chapter I of this Regulation;

- Urges and inspects the performance of tasks by Council members;

- Decides on changes to Council membership after reaching consensus with relevant ministries and sectors;

- Decides on the agenda for each Council meeting;

- Calls and chairs Council meetings.

2. Tasks and authorities of the permanent member:

- Assists the Chairman in leading the Council's general work;

- Continuously resolves Council business and issues assigned or delegated by the Chairman;

- Calls and chairs Council meetings when authorized by the Chairman;

- Directly leads the Office of the National Council for Water Resources.

3. Tasks and authorities of regular members:

- Fully participates in all Council meetings and completes tasks assigned by the Council;

- Has the responsibility to contribute opinions on issues discussed in Council meetings or documents sent by the Council; simultaneously, they have the responsibility to respond in writing if unable to attend Council meetings;

- Has the right to refer to and provide necessary information and use their unit's means to perform tasks.

4. Tasks and authorities of non-permanent members:

- Participate in Council meetings when invited by the Chairman;

- Have the responsibility to contribute opinions on issues related to their locality or sector during Council meetings or documents sent by the Council; simultaneously, they have the responsibility to respond in writing if unable to attend Council meetings;

- Have the right to refer to necessary information and use their unit's means to perform tasks;

- When attending Council meetings, they have the right to vote like regular members.

Chapter 2

PRINCIPLES AND WORKING RELATIONSHIPS OF THE COUNCIL

Article 4. The working system of the National Council for Water Resources is discussion, contribution of opinions, and voting at Council meetings. The Director of the Council's Office serves as secretary for Council meetings.

Article 5. Opinions approved by a majority of members or opinions that although only half of the members agree but are endorsed by the Chairman are the Council's recommendations; recommendations from Council meetings are fully transmitted to the Government signed by the Chairman and the secretary of the meeting; at the same time, other opinions are also fully reflected in the minutes of the Council meeting, sent to the Government signed by the permanent member of the Council and the secretary of the meeting.

Article 6. Annually, the National Council for Water Resources holds two sessions in the second and fourth quarters. When there is necessary work according to the Prime Minister's request or the request of at least half of the regular members of the Council, the Chairman convenes extraordinary meetings. Each Council meeting must have at least half of the Council members present.

Article 7. Depending on the content of the meeting, the Chairman may invite representatives of agencies, localities, and related scientists to attend. If not invited as non-permanent members of the Council, guests do not participate in voting on Council matters.

Article 8. In cases where a meeting is not organized, the Chairman may send documents and comment sheets to Council members for opinions. The Director of the National Council for Water Resources is responsible for compiling opinions to report to the Chairman and inform the results of the compilation to all Council members.

Article 9. The National Council on Water Resources has the authority to request Ministries, sectors, and localities to report on activities related to water resources for the purpose of serving the research and advisory work of the Council.

Ministries, sectors, and localities are responsible for providing necessary information and documents according to the requirements of the National Council on Water Resources.

Article 10. The operating budget of the Council and the Office of the National Council on Water Resources shall be allocated within the annual regular expenditure of the Ministry of Agriculture and Rural Development in accordance with the plan approved by the competent authority.

Chapter 3

FUNCTIONS AND DUTIES OF THE OFFICE OF THE NATIONAL COUNCIL ON WATER RESOURCES

Article 11. The National Council on Water Resources has an Office assisting the Council located at the Ministry of Agriculture and Rural Development. The Office of the Council mainly performs the following tasks:

1. Preparing agendas and contents for Council meetings and seminars decided by the Council Chair;

2. Preparing contents and relevant documents for Council work between meetings and organizing the delivery of these documents as well as the meeting agenda to Council members at least 14 days prior to each regular meeting;

3. Compiling written opinions from absent Council members during meetings to report to the Council and informing the conclusions of the meeting to absent members;

4. Drafting and sending minutes of meetings and advisory reports of the Council to the Government;

5. Studying, surveying, and developing advisory plans including international cooperation advisory in the field of water resources and establishing advisory groups on issues mentioned in Article 1 Chapter 1 of this Regulation;

6. Building a national water resource dossier and other necessary information tools to assist the Council's advisory work. Regularly updating information and data related to the Council's tasks;

7. Developing annual work plans and budgets for Council operations to be submitted to the competent authority for review and approval;

8. Managing organization, staffing, and assets assigned in accordance with state regulations.

Article 12. Organization of the Office of the Council:

1. The Water Resource Management Agency under the Ministry of Agriculture and Rural Development assumes the function of the Office of the National Council on Water Resources;

The Office of the National Council on Water Resources has its own seal.

2. Staffing of the Office of the Council is within the staffing of the Ministry of Agriculture and Rural Development and is regulated by the Minister of Agriculture and Rural Development;

3. The Director of the Water Resources Management and Irrigation Works Bureau (Ministry of Agriculture and Rural Development) concurrently holds the position of Director of the Council Office. The Director of the Council Office is accountable to the Council Chair and the Minister of Agriculture and Rural Development - a permanent member of the Council for all aspects of the Office's activities;

4. Deputy Directors of the Council Office assist the Director of the Council Office. The Minister of Agriculture and Rural Development - a permanent member of the Council appoints and dismisses Deputy Directors of the Council Office.

Chapter 4

FINAL PROVISIONS

Article 13. Annually, when it is necessary to change their representative as a permanent member of the Council, Ministries and sectors submit written requests to the Council Chair for consideration and decision.

Article 14. Amendments and supplements to this Regulation are discussed by the National Council on Water Resources and reported to the Prime Minister for consideration and decision.