Scope of regulation This Law prescribes baseline surveys, strategies and master plans on hydraulic work; hydraulic structures construction investment; hydraulic structures management an
Trang 1THE PRESIDENT THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No 06/2017/L-CTN Hanoi, June 29, 2017
ORDER
On the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic
of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Hydraulic Work,
which was passed on June 19, 2017, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 3nd session
President of the Socialist Republic of Vietnam
TRAN DAI QUANG
Trang 3THE NATIONAL
ASSEMBLY
THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No 08/2017/QH14 Hanoi, June 19, 2017
Law on Hydraulic Work
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Hydraulic Work
Chapter I
GENERAL PROVISIONS
Article 1 Scope of regulation
This Law prescribes baseline surveys, strategies and master plans on hydraulic work; hydraulic structures construction investment; hydraulic structures management and exploitation and operation of hydropower reservoirs for hydraulic work; hydraulic work services; assurance of hydraulic structures protection and safety; small hydraulic structures and on-farm hydraulic structures; rights and responsibilities of organizations and individuals in hydraulic work; and responsibilities for state management of hydraulic work
Article 2 Interpretation of terms
In this Law, the terms below are construed as follows:
1 Hydraulic work means a combination of solutions to store, regulate,
deliver, distribute, supply and drain water for agricultural production, aquaculture and salt production in combination with water supply and drainage for daily-life activities and other industries, contributing to natural disaster prevention and control, environmental protection, adaptation to climate change and assurance of water resource security
2 Hydraulic work activities cover hydraulic work baseline survey, strategy
development and planning; investment in the construction of hydraulic structures; management and exploitation of hydraulic structures and operation of hydropower reservoirs for hydraulic work; hydraulic work services; and hydraulic structures protection and safety assurance
3 Hydraulic structure means a hydraulic work technical infrastructure
facility, which is a dam, reservoir, sluice, pumping station, water delivery and transfer system, embankment or other works serving hydraulic work management and exploitation
Trang 44 On-farm hydraulic structure consists of canals at different levels and
pipelines for irrigation and water drainage from points of delivery of hydraulic work products or services to farmland lots
5 Head structure means a hydraulic structure located at the starting point
of a water storage, regulation, delivery, distribution, supply and control system
or at the end point of a water drainage system
6 Water delivery and transfer system consists of canals at different levels,
pipelines, siphons, tunnels and other structures to deliver and transfer water
7 Dam and reservoir safety means the application of designing,
construction, management and exploitation measures to ensure safety for dams, reservoirs and related structures and safety for people and property at downstream of dams
8 Downstream area of a dam means an area which is flooded when a
reservoir discharges water according to its operation process or in an emergency situation or when a dam is broken
9 Emergency situation means a situation when there is rainfall or flood in
excess of designed capacity, or an earthquake in excess of the designed standard
in the basin of a reservoir, or another impact making a dam unsafe
10 Hydraulic structure owner means an agency or organization assigned
by the State the rights and responsibilities of a representative of the owner of a hydraulic structure built with state funds; or an organization or individual that invests in building a hydraulic structure
11 Hydraulic structure manager means a specialized agency performing
the state management of hydraulic work under the Ministry of Agriculture and Rural Development or a People’s Committee of any level, or an organization assigned by the State the rights and responsibilities of a representative of the owner; an on-farm irrigation unit; or an organization or individual that invests in building a hydraulic structure
12 On-farm irrigation unit means an organization of users of hydraulic
work products and/or services who together invest in building or manage and operate small or on-farm hydraulic structure
13 Hydraulic structure exploitation means exploiting and utilizing the
potential and advantages of a hydraulic structure for socio-economic development and environmental protection
14 Hydraulic work product or service means a product or service created
from the exploitation of a hydraulic structure
15 Hydraulic work product or service price means an amount payable to a
hydraulic work product or service
Article 3 Principles of hydraulic work activities
Trang 51 To conform with the principles of integrated management of water resources; to be unified in each river basin and hydraulic structure system and combined in each administrative unit, and to serve multiple purposes
2 To ensure national interests, national defense and security; to protect the environment, to adapt to climate change; to contribute to ensuring water resource security and sustainable socio-economic development
3 To proactively create water resources, store, regulate, deliver, distribute, supply and drain water between seasons and regions; to meet requirements of production and daily-life activities in each hydraulic structure system, river basin and region and in the whole country
4 To use water economically, safely, efficiently and properly; to ensure the volume and quality of water in hydraulic structure
5 To ensure lawful rights and interests of organizations and individuals in hydraulic work activities; to involve all people in hydraulic work activities
6 Organizations and individuals have the right to use hydraulic work products and services and they shall pay for them in accordance with law; safety for human life and property shall be guaranteed against adverse impacts of the construction and exploitation of hydraulic structures
Article 4 State policies on hydraulic work activities
1 To prioritize investment in building particularly important hydraulic structures, major hydraulic structures, and hydraulic structures in ethnic minority, mountainous and island areas, areas with extremely difficult socio-economic conditions, areas facing water shortage, and areas heavily affected by climate change
2 To give tax incentives in accordance with tax laws to organizations and individuals managing and exploiting hydraulic structures to provide public hydraulic work products and services
3 To support organizations and individuals in building, repairing and upgrading small and on-farm hydraulic structure systems; advanced and water-saving hydraulic structure systems; advanced and modern irrigation and drainage systems; and wastewater recycling systems
4 To support investment in upgrading and modernizing hydraulic structures
5 To provide financial supports for use of hydraulic work products and services suitable to each sector and group of users
6 To support organizations and individuals providing hydraulic work products and services in the prevention, control and remediation of consequences of drought, water shortage, saltwater intrusion, desertification, flood, inundation and waterlogging
Trang 67 To diversify forms of investment; to encourage and create conditions for organizations and individuals to invest in building, managing and exploiting hydraulic structures
8 To support training and retraining to build capacity for persons directly carrying out or participating in hydraulic work activities; to encourage and create conditions for organizations and individuals to research and apply science and technology and transfer technology in hydraulic work activities
Article 5 Water saving in hydraulic work activities
1 Water shall be conserved in hydraulic work activities in accordance with the law on water resources and the following provisions:
a) In hydraulic work planning, hydraulic structures construction investment, to propose and select solutions regarding water-generating sources, water resource creation, water loss control, on-spot water use, water reuse and connection of interregional hydraulic structure systems;
b) In management and exploitation, to inventory water resources and water use needs for planning and organizing reasonable regulation, distribution and use of water and controlling water loss;
c) To organize production of water-using industries and structure seasons, crops, plants and livestock suitable to water resource conditions and adopt water conservation plans;
d) To conserve water in crop irrigation and encourage the application of advanced hydraulic work technologies
2 Organizations and individuals shall use water economically, efficiently and properly
Article 6 Science and technology in hydraulic work activities
1 Advanced technologies shall be applied to building the capacity to forecast and warn water resource developments, water volume and quality, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks, coastal areas, impacts of climate change and development impacts in river basins to serve hydraulic work activities
2 Advanced technologies shall be applied to water conservation and reuse
3 Priority shall be given to scientific research and technology application
to increase the effectiveness of hydraulic structures management and exploitation, natural disaster prevention and control, climate change adaptation, protection of water resources and eco-systems; to ensure safety for dams and reservoirs
Article 7 International cooperation in hydraulic work activities
Trang 71 To respect independence, sovereignty and territorial integrity, equality and mutual interest in hydraulic work activities on transnational rivers and border rivers and streams between Vietnam and related countries
2 To comply with Vietnamese law and hydraulic work-related treaties to which the Socialist Republic of Vietnam is a contracting party
3 To exchange information on hydraulic work activities on transnational rivers and border rivers and streams between Vietnam and related countries
4 To prioritize international cooperation activities in scientific research, technology transfer, training, experience sharing and mobilization of resources
in hydraulic work activities
5 To proactively join hydraulic work-related international organizations
Article 8 Prohibited acts in hydraulic work activities
1 Building hydraulic structures in contravention of approved master plans
2 Dumping waste and garbage within the protection corridors of hydraulic structures; illegally discharging wastewater into hydraulic structures; committing other acts of contaminating water sources in hydraulic structures
3 Destroying or intentionally damaging hydraulic structures
4 Illegally dividing, filling, digging, dredging, or extracting sludge, sand or gravel on rivers, canals at different levels, lakes or ponds, affecting hydraulic work activities
5 Operating motor vehicles with a weight in excess of allowable limit on hydraulic structures; operating motor vehicles or inland waterway craft in hydraulic structures with restricted-area signs, except priority vehicles and craft
as prescribed by the laws on road and inland waterway traffic
6 Obstructing the inspection and examination of hydraulic work activities
7 Illegally exploiting water from hydraulic structures
8 Operating hydraulic structures without permission; operating hydraulic structures not according to processes approved by competent state agencies
9 Opposing, obstructing, or refusing to comply with decisions of, competent agencies or persons in the urgent response to incidents at hydraulic structures
10 Illegally occupying or using land within the protection corridors of hydraulic structures
11 Carrying out activities within the protection corridors of hydraulic structures without a permit or not in accordance with the granted permit for the activities specified in Article 44 of this Law
Chapter II
Trang 8BASELINE SURVEYS, STRATEGIES AND MASTER PLANS ON
HYDRAULIC WORK Article 9 Baseline surveys on hydraulic work
1 Baseline surveys on hydraulic work shall be conducted annually or extraordinarily to collect information and develop databases for scientific research and formulation of strategies, master plans and plans on hydraulic structures construction investment, management and exploitation
2 A baseline survey on hydraulic work covers the following principal contents:
a) Number, quality and service capacity of existing hydraulic structures and demands for use of hydraulic work products and services;
b) Current organizational structure of and mechanisms and policies on hydraulic work activities;
c) Impacts of hydraulic structures on the environment and people’s life; d) Collecting information, monitoring and supervising the volume and quality of water, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks and coastal areas to serve hydraulic work activities;
dd) Impacts of climate change, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks and coastal areas, and socio-economic development activities in river basins on hydraulic work activities
3 The Ministry of Agriculture and Rural Development shall organize baseline surveys on hydraulic work and delegate the organization of baseline surveys on hydraulic work in localities to provincial-level People’s Committees
4 The competence to approve, announce and manage results of baseline surveys on hydraulic work is prescribed as follows:
a) The Ministry of Agriculture and Rural Development shall approve, announce and manage results of baseline surveys on hydraulic work conducted
by the Ministry;
b) Provincial-level People’s Committees shall approve, announce and manage results of baseline surveys on hydraulic work conducted by the provinces
Article 10 Hydraulic work strategy
1 A hydraulic work strategy shall be developed for every 10 years with a vision for 30 years or longer in conformity with socio-economic development and national defense and security strategies A hydraulic work strategy shall be updated and adjusted when there are changes in socio-economic development or
Trang 9national defense and security strategies or major changes caused by natural disasters
2 A hydraulic work strategy must set out viewpoints, guiding principles, vision, objectives, tasks, solutions and organization of hydraulic work development tasks nationwide
3 The Ministry of Agriculture and Rural Development shall assume the prime responsibility for formulating hydraulic work strategies and submit them
to the Prime Minister for approval
Article 11 Master plans on hydraulic work
1 Master plans on hydraulic work serve as a basis for construction, management, exploitation and protection of hydraulic structures
2 Master plans on hydraulic work include:
a) General master plans on hydraulic work, which shall be formulated nationwide, for each region, river basin, hydraulic structures system and administrative unit to address in an integrated manner issues on water supply, irrigation and drainage and prevention and control of water-related disasters; b) Specialized master plans on hydraulic work, which shall be formulated for each region, river basin, hydraulic structures system and administrative unit
to address one of the issues on water supply, irrigation and drainage, and prevention and control of water-related disasters
3 Master plans on regional hydraulic work, master plans on hydraulic structures systems and master plans on hydraulic work in administrative units must conform with the national master plan on hydraulic work and master plans
on hydraulic work in river basins
4 Master plans on hydraulic work shall be formulated for every 10 years with a vision for 20 years or longer and periodically reviewed every 5 years
5 Master plans on hydraulic work shall be adjusted when there are adjustments to socio-economic development, national defense and security or hydraulic work strategies or major changes affecting their primary goals
Article 12 Principles of hydraulic work planning
1 To conform with socio-economic development and national defense and security strategies, master plans and plans; hydraulic work strategy; and master plans on water resources
2 To be aligned with master plans on infrastructure and related master plans
3 To ensure integrated management of water resources in each river basin and hydraulic structures system; adaptation to impacts of climate change and socio-economic development in river basins; and sustainable development
Trang 104 To serve multiple purposes, ensure harmony between exploitation and protection of natural resources and the environment and prevention and control
of natural disasters To attach importance to supplying water for islands, coastal, border and mountainous areas, and areas surrounding hydropower reservoirs
5 To balance water resources nationwide and in each region, river basin, hydraulic structures system and administrative unit; to transfer water from areas with water surplus to areas with water shortage; to store water in rainy seasons for dry seasons and in years with much water for years with little water
6 To ensure consultation with agencies, organizations and individuals in the course of hydraulic work planning
Article 13 Contents of hydraulic work master plan
1 A master plan on hydraulic work must set out development orientations, spatial arrangement and hydraulic work resource distribution within the scope of planning
2 A master plan on hydraulic work must have the following principal contents:
a) Analysis and assessment of natural conditions and water resources; socio-economic conditions; resources; assessment of the current state of hydraulic work; and results of implementation of the master plan on hydraulic work of the previous period;
b) Anticipation of development trends and scenarios and water sources in the context of impacts of climate change, natural disasters and development of river basins; anticipation of scientific and technological advances and resources directly affecting hydraulic work;
c) Assessment of sectoral and regional connectivity; identification of economic development requirements for hydraulic work; opportunities for and challenges to hydraulic work development;
socio-d) Determination of viewpoints and goals for hydraulic work development; dd/ Analysis, estimation and formulation of hydraulic work plans according
to development scenarios nationwide, for regions, river basins, hydraulic structures systems and administrative units Assurance of water source creation, storage, control, regulation and distribution and mitigation of risks of drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, and water source contamination and degradation and other water-related disasters;
e) Proposal of solutions and lists of structures and projects and the order of priority; proposal and recommendation for review serving adjustment of hydraulic work-related master plans to ensure consistency and unity;
Trang 11g) Orientations on land use demands for construction, renovation and upgrading of hydraulic structures; land use demands for storing materials from dredging and expanding canals;
h) Solutions and resources for the master plan implementation;
i) System of diagrams and maps of the master plan
Article 14 Formulation, approval, adjustment, announcement, management and implementation of master plans on hydraulic work
1 The responsibilities for formulating and reviewing master plans on hydraulic work are prescribed as follows:
a) The Ministry of Agriculture and Rural Development shall organize the formulation and review of master plans on hydraulic work nationwide, for regions, river basins and hydraulic structures systems involving two or more provinces and systems of major and complex hydraulic structures within a province;
b) Provincial-level People’s Committees shall organize the formulation and review of their local master plan on hydraulic work, except the master plans prescribed at Point a of this Clause
2 The competence to approve and adjust master plans on hydraulic work is prescribed as follows:
a) The Prime Minister shall approve and adjust national master plan on hydraulic work;
b) The Minister of Agriculture and Rural Development shall approve and adjust master plans on hydraulic work prescribed at Point a, Clause 1 of this Article, except national master plans on hydraulic work;
c) After obtaining written opinions from the Ministry of Agriculture and Rural Development, provincial-level People’s Committees shall propose provincial-level People’s Councils to approve and adjust master plans on hydraulic work formulated and adjusted by the former
3 Master plans on hydraulic work shall be announced, managed and implemented as follows:
a) The Ministry of Agriculture and Rural Development, or a level People’s Committee, shall publicly announce the contents of a master plan
provincial-or an adjusted master plan prescribed at Point a provincial-or b, Clause 2 of this Article, provincial-or prescribed at Point c, Clause 2 of this Article, respectively, within 30 days after such master plan is approved The contents of a master plan shall be made accessible to the public throughout the planning period;
b) The Ministry of Agriculture and Rural Development shall manage and organize the implementation of master plans on hydraulic work prescribed at Points a and b, Clause 2 of this Article; provincial-level People’s Committees shall manage and organize the implementation of master plans on hydraulic
Trang 12work prescribed at Point c, Clause 2 of this Article and as decentralized by the Ministry of Agriculture and Rural Development;
c) Organizations and individuals shall be assisted in supervising the implementation of master plans on hydraulic work
Chapter III
HYDRAULIC STRUCTURES CONSTRUCTION INVESTMENT Article 15 Principles of hydraulic structures construction investment
1 Hydraulic structures construction investment must comply with the laws
on investment and construction and other relevant laws
2 The State shall invest in building particularly important hydraulic structures, major hydraulic structures, hydraulic structures for which it is difficult to mobilize social resources and reservoirs in areas facing water shortage; hydraulic structures which serve both national defense and security and natural disaster prevention and control; hydraulic structures in ethnic minority areas, mountainous and island areas, areas with extremely difficult socio-economic conditions and areas heavily affected by climate change
3 Organizations and individuals using hydraulic work products and services may invest in building small and on-farm hydraulic structures
4 The State shall encourage and create conditions for organizations and individuals to invest or cooperate to invest in building hydraulic structures in the form of public-private partnership
5 Hydraulic structures construction must take into account the capacity to control, transfer, distribute and use water between hydraulic structures and other water sources
6 Hydraulic structures construction investment must take into account geological and seismic elements to ensure maximum safety for structures and human life
Article 16 Classification and grading of hydraulic structures
1 Classification and grading of hydraulic structures aim to serve their construction investment, management, exploitation and protection
2 Hydraulic structures shall be classified by size, task, significance and level of risk in downstream area into particularly important hydraulic structures, major hydraulic structures, medium-sized hydraulic structures and small hydraulic structures
3 Hydraulic structures shall be graded by size, task, geological conditions
of the ground and technical requirements of their construction into special-grade hydraulic structures, grade-I hydraulic structures, grade-II hydraulic structures, grade-III hydraulic structures and grade-IV hydraulic structures
4 The Government shall detail this Article
Trang 13Article 17 Requirements on hydraulic structures construction investment
1 Hydraulic structures construction investment must meet the following requirements:
a) To conform with master plans on hydraulic work;
b) To apply solutions to minimizing water loss and construction land area; c) To take into account the connection between hydraulic structures, between hydraulic structures and other related technical infrastructure facilities, and between regions and water sources;
d) To ensure synchronous operation from head structures to on-farm hydraulic structures and closed hydraulic structures systems;
dd) To ensure harmonious combination of structural and non-structural solutions;
e) To arrange sufficient resources for safe construction of structures in flooding periods;
g) To ensure safety of hydraulic structures
2 Projects on maintenance, upgrading and modernization of hydraulic structures must comply with Clause 1 of this Article and ensure minimum impacts on the operation of hydraulic structures
Article 18 Dam and reservoir construction investment
1 Investment in building a dam or reservoir must meet the requirements prescribed in Article 17 of this Law and comply with the following provisions: a) The overall layout and structural design of a dam must facilitate safety management of the dam, rescue upon occurrence of incidents, and maintenance, upgrading and repair when it is damaged;
b) The processes of operating gate valves and maintaining each component
of a dam or reservoir shall be prepared and approved together with its design dossier and handed over to its manager upon handover of the structure for exploitation;
c) For a dam or reservoir with a gate-controlled spillway, it shall be installed with an operation monitoring system, equipment for communication and safety warning for the dam and its downstream area; or with special-use hydrometeorological monitoring equipment in the reservoir basin;
d) For a large dam or reservoir with an uncontrolled spillway, it shall be installed with equipment for communication and safety warning for the dam and its downstream area; or with special-use hydrometeorological monitoring equipment on the reservoir basin
2 In the course of construction, the owner of a dam or reservoir construction project shall make a plan on response to natural disasters for the
Trang 14work and its downstream area, submit it to a competent state agency for approval, and organize its implementation
3 The owner of a dam or reservoir construction project shall develop an operation process for the reservoir and a plan on response to emergency situations and submit them to a competent state agency for approval before storing water and handing over such dam or reservoir to an organization or individual for exploitation and to the state management agency in charge of hydraulic work and natural disaster prevention and control
4 The Government shall detail this Article
Chapter IV MANAGEMENT AND EXPLOITATION OF HYDRAULIC STRUCTURES AND OPERATION OF HYDROPOWER RESERVOIRS FOR HYDRAULIC
WORK Section 1 MANAGEMENT AND EXPLOITATION OF HYDRAULIC STRUCTURES
Article 19 Principles of hydraulic structures management and exploitation
1 To perform uniform management of each system of hydraulic structures, from head structures to on-farm hydraulic structures, in conformity with the objectives and tasks of the system to meet requirements on water volume and quality for production and daily-life activities and economic sectors
2 To observe operation processes approved by competent state agencies; to have plans on response to natural disasters
3 To ensure harmony of interests, sharing of risks and reduction of adverse impacts on related regions; to effectively promote the integrated exploitation of hydraulic structures systems for multiple purposes
4 To involve users of hydraulic work products and services and relevant stakeholders in hydraulic structures management and exploitation
5 To apply high and advanced technologies to hydraulic structures management and exploitation
Article 20 Contents of hydraulic structures management and exploitation
1 Water management covers the following principal activities:
a) Collecting information on hydrometeorological forecast; conducting hydrometeorological measurements and monitoring in basins; monitoring, forecasting and warning flood, inundation, waterlogging, drought, water shortage, saltwater intrusion and water volume and quality; inventorying water sources in hydraulic structures systems, and analyzing water use demands;
b) Making and implementing plans on water storage, regulation, delivery, distribution, supply, irrigation, drainage and use; Controlling water quality and saltwater intrusion; implementing plans on response to natural disasters;
Trang 15c) Protecting the water environment and quality within the protection corridors of hydraulic structures; examining and controlling the discharge of waste and wastewater into hydraulic structures;
d) Compiling and keeping technical dossiers on management and distribution of water in hydraulic structures systems
2 Hydraulic structures management covers the following principal activities:
a) Surveying, monitoring, supervising, examining, inspecting and assessing hydraulic structures safety;
b) Managing and organizing the maintenance, upgrading, building, modernization of hydraulic structures, machinery and equipment and handling their incidents and breakdowns; planting boundary markers of the protection corridors of hydraulic structures;
c) Proposing competent state agencies to approve plans on response to natural disasters and plans on hydraulic structures protection, and organizing their implementation;
d) Compiling and keeping technical dossiers on hydraulic structures management
3 Economic management covers the following principal activities:
a) Formulating and promulgating according to competence or proposing competent state agencies to promulgate techno-economic norms for hydraulic structures management and exploitation, and applying these norms;
b) Organizing the formulation and implementation of plans on provision of hydraulic work products and services;
c) Signing and liquidating contracts on provision and use of hydraulic work products and services, and testing these products and services before acceptance; d) Developing appropriate organizational models for management, exploitation and protection of hydraulic structures and allocated resources;
dd) Periodically assessing the effectiveness of hydraulic structures management, exploitation and protection; formulating and implementing plans
on integrated exploitation, expanding the scope of provision of services in order
to fully tap the capacity of hydraulic structures;
e) Compiling and keeping dossiers on asset and finance management
Article 21 Responsibility to manage hydraulic structures
1 The responsibility to manage state-funded hydraulic structures is prescribed as follows:
a) The Ministry of Agriculture and Rural Development shall manage particularly important hydraulic structures and hydraulic structures the exploitation and protection of which involve 2 or more provinces;
Trang 16b) Provincial-level People’s Committees shall directly manage, or decentralize to district-level People’s Committees the management of hydraulic structures in their localities depending on specific local conditions, except those specified at Point a of this Clause
2 Organizations and individuals investing in building hydraulic structures shall manage such structures
Article 22 Responsibilities of hydraulic structures owners and managers
1 Responsibilities of hydraulic structures owners:
a) To exercise the rights and perform the responsibilities of the owner in accordance with law;
b) To ensure funds for maintenance, upgrading, building, modernization, handling of incidents and planting of boundary markers of the protection corridors of hydraulic structures, and to take solutions to raising the effectiveness of their management and exploitation
2 Responsibilities of hydraulic structures managers include:
a) To manage the exploitation and protection of hydraulic structures according to their objectives, designed tasks, potential and advantages;
b) To select, and sign contracts with, organizations and individuals to exploit hydraulic structures; to supervise the provision and use of hydraulic work products and services;
c) To assume the prime responsibility for surveying and evaluating the effectiveness of hydraulic structures management and exploitation on a 5- year
or on an extraordinary basis; to decide according to their competence or propose owners of hydraulic structures to decide on investment in upgrading, building or modernizing hydraulic structures and adopt solutions to raising the effectiveness
of hydraulic structures management and exploitation based on the results of a year or extraordinary surveys and evaluations;
5-d) To perform other tasks in accordance with law
Article 23 Organization and forms of exploitation of hydraulic structures
1 Exploiters of hydraulic structures include:
Trang 17a) The management and exploitation of major and particularly important hydraulic structures shall be assigned to state enterprises through order placement or task assignment;
b) The management and exploitation of hydraulic structures other than those prescribed at Point a of this Clause shall be assigned through bidding or order placement
4 Organizations and individuals investing in building hydraulic structures shall decide on the form of exploitation of such structures
Section 2 OPERATION OF HYDRAULIC STRUCTURES AND HYDROPOWER
RESERVOIRS FOR HYDRAULIC WORK
Article 24 Operation processes of hydraulic structures
1 Organizations or individuals exploiting hydraulic structures shall operate these structures according to the processes approved by a competent state agency
2 Responsibility to develop and adjust operation processes of hydraulic structures is prescribed as follows:
a) The owner of a hydraulic structure construction project shall develop an operation process for the hydraulic structure and submit it to a competent state agency for approval before operating the work;
b) For a hydraulic structure without an operation process, the organization
or individual currently exploiting it shall develop an operation process and submit it to a competent state agency for approval;
c) For a hydraulic structure with an unsuitable operation process, the organization or individual currently exploiting it shall adjust such operation process and submit the adjusted process to a competent state agency for approval
3 The competence to approve and publicly announce operation processes
of hydraulic structures is prescribed as follows:
a) The Ministry of Agriculture and Rural Development shall approve and publicly announce the operation processes of hydraulic structures managed by the Ministry;
b) Provincial-level People’s Committees shall approve, or decentralize to district-level People’s Committees the approval and public announcement of, the operation processes of hydraulic structures in their localities, except those specified at Point a of this Clause, and in Clause 4, of this Article
4 Organizations and individuals directly exploiting small hydraulic structures shall develop and publicly announce their operation processes
Trang 185 The Minister of Agriculture and Rural Development shall detail this Article
Article 25 Operation of hydraulic structures for agricultural production
1 The operation of hydraulic structures to serve water irrigation and drainage in concentrated specialized rice-growing areas must be proactive, ensuring volume and quality of water and meeting requirements of advanced, modern, economical and efficient farming processes and techniques
2 The operation of hydraulic structures to serve water irrigation and drainage of dryland-farmed crops must meet the following requirements:
a) To ensure proactive irrigation and drainage, volume and quality of water and meet requirements of advanced, modern, economical and efficient farming processes and techniques in concentrated areas under dryland-farmed crops and areas where rice is replaced by dryland-farmed crops;
b) To apply high and advanced technologies; to use watering techniques suitable to each crop to save water; to integrate watering with advanced farming measures
3 The operation of hydraulic structures to serve water supply and drainage for aquaculture must meet the following requirements:
a) To ensure proactive water supply and drainage and meet requirements of advanced and modern aquaculture processes and techniques for concentrated intensive aquaculture areas;
b) To ensure the required volume and quality of water supplied for concentrated aquaculture areas;
c) To apply high and advanced technologies to the supply and use of water for aquaculture
4 The operation of hydraulic structures to serve water irrigation, supply and drainage for other farming purposes must ensure volume and quality of water, economy and efficiency; and meet requirements of water users
Article 26 Operation of hydraulic structures upon occurrence of drought,
water shortage, saltwater intrusion, flood, inundation and waterlogging
1 Hydraulic structures managers shall organize the formulation of plans on response to drought, water shortage, saltwater intrusion, flood, inundation and waterlogging occurring in their localities
2 Upon occurrence of drought, water shortage, saltwater intrusion, flood, inundation or waterlogging, the operation of hydraulic structures is prescribed as follows:
a) To comply with decisions of competent state agencies in charge of hydraulic work;
Trang 19b) Upon occurrence of drought or water shortage, to prioritize the supply of water for daily-life activities and essential needs of agricultural production;
c) Upon occurrence of saltwater intrusion, to adopt solutions to reducing its impacts on daily-life activities, essential needs of agricultural production, and the environment;
d) Upon occurrence of flood, inundation or waterlogging, to ensure safety for hydraulic structures and concurrently take other measures to minimize human and property losses
Article 27 Operation of dams and reservoirs
1 An organization or individual exploiting a dam or reservoir shall:
a) Operate the dam or reservoir according to the reservoir or inter-reservoir operation process approved by a competent state agency;
b) Based on hydrometeorological forecasts, specialized hydrometeorological monitoring statistics and relevant information, forecast and operate the reservoir according to practical developments and requirements of water use and dam safety assurance;
c) Regularly inventory water sources in the reservoir and predict drought, water shortage and saltwater intrusion so as to store water; at the end of the rainy season, inventory water sources in the reservoir and hydraulic structures system in order to develop plans on water regulation, distribution and use;
d) Upon occurrence of drought, water shortage, saltwater intrusion, flood, inundation or waterlogging, operate the reservoir or inter-reservoirs according to decisions of competent state agencies in charge of hydraulic work
2 Managers of dams and reservoirs shall direct, examine and supervise the implementation of the reservoir or inter-reservoir operation processes approved
by a competent state agency
Article 28 Operation of hydropower reservoirs and inter-reservoirs for
hydraulic work
1 The operation processes of hydropower reservoirs or operation processes
of inter-reservoirs for hydraulic work must comply with the law on water resources and the following requirements:
a) To meet water use demands in downstream areas; to prioritize the supply
of water for daily-life activities and agricultural production;
b) To proactively anticipate the water source supply capacity and adopt solutions to regulate water in normal and abnormal weather conditions, taking into account climate change
2 The operation of hydropower reservoirs or inter-reservoirs for hydraulic work must comply with the operation processes approved by a competent state agency and the following requirements: