Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY |
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| No. 36-L/CTN | |
ON UTILIZATION AND PROTECTION OF WATER WORKS
With a view to strengthening the efficiency of State management, enhancing the responsibility of the State agencies, economic and social organizations, units of the people's armed forces and all individuals, in the utilization, maintenance and protection of the water works in order to serve production and socio-economic development, thus contributing to ensuring social safety and national security;
Pursuant to Articles 17 and 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
This Ordinance provides for the utilization and protection of the water works.
Article 1.- This Ordinance applies to the water works which have been built and put into operation.
The utilization and protection of the water works which are related to the dike, typhoon and flood-control projects, hydro-electric power projects, and urban water supply and drainage systems must comply with the provisions of this Ordinance and the other legal provisions on the dike, typhoon and flood control, hydro-electric power projects, and urban water supply and drainage systems.
Article 2.- In this Ordinance, the following technical terms are understood as follows:
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2. "Irrigation project system" includes water works in a certain geographical area which are directly inter-linked in terms of utilization and protection;
3. "Water-consuming household" is an individual or organization that benefits from, or does business with, the water works in form of utilizing the direct service of the enterprise in charge, for irrigation and drainage, land transformation, power generation, aquaculture, transport and communication, tourism, scientific research, and water supply for industrial production and popular consumption;
4. "Irrigation fee" is part of the service fees on the utilization of water from the water works, and is used to cover part of the expenditure on maintenance, operation and protection of the water works.
The Vietnam Fatherland Front and its member organizations, within their jurisdiction, are responsible for taking part in the education of the people, reconciling disputes, and monitoring the implementation of the law on the utilization and protection of the water works.
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1. Complying with the project design in the plan and eco-technical blueprint already approved by the competent authority for construction, and not with the administrative boundaries;
2. The organizations or individuals stipulated for in Article 3 of this Ordinance are responsible for organizing the utilization and protection.
The Minister of Water Resources shall issue the Regulation on organization and operation of the Irrigation Project Company.
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- The project suffers damage or crop failure due to natural calamities;
- The project has to combat against flood, inundation or drought;
- The project has to go under maintenance, or operates in areas of ethnic minority groups or in border, island or new economic zones;
- The project has to go through overhaul, repair or upgrading.
The Government shall set the levels of financial support for the above-mentioned cases for each type of irrigation projects operating in different specific conditions.
Article 13.- The financial resources of the Irrigation Project Company include:
- Irrigation fee;
- Allocations from the State budget;
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Article 15.- The Irrigation Project Company has the tasks:
1. To make equitable supply of water and ensure service for production; to preserve the lipid water resources and protect the ecology;
2. To comply with the schemes, plans and eco-technical blueprints of the irrigation project system, which have been approved by the competent State agency;
3. To be the investor in the repair, upgrading and perfection of the irrigation project system;
4. To maintain the capacity of the project, and ensure that the project is safe and ready for long-term use;
5. To complement and perfect the regulatory procedure for the reservoir, the operating procedure for each project; to design the operating procedure of the system, submit it to the competent State agency for approval, and implement it;
6. To monitor, detect and promptly solve incidents; to check and maintain the project before and after each flood season;
7. To sign and implement contracts on utilization and protection of the project; to compensate for losses incurred by water-consuming households in accordance with the provisions in Paragraph 5, Article 17, of this Ordinance; to comply with the State provisions on finance;
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Article 16.- The Irrigation Project Company has the rights:
1. To operate the projects in the system in accordance with the technical procedure and standards; to make comprehensive utilization of the project;
2. To collect irrigation fees as contracted;
3. To make recommendations to the competent authority for financial support as provided for in Article 11 of this Ordinance, to ensure the operation and development of the system;
4. To make recommendations to the Managerial Council of the system on matters concerning the mobilization of labor from water-consuming households to maintain and repair the irrigation project as required by the provisions of law;
5. To request the People's Committee in the locality where the irrigation project system is located, to take necessary measures to ensure the safety of the project in cases of emergency;
6. To recommend the local People's Committee, or call on the People's Court, to settle problems arising from the deliberate delay by water-consuming households in the payment of the full irrigation fees.
1. To have a plan for water consumption and sign a contract to this effect;
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3. To pay irrigation fees as contracted;
4. To protect the irrigation project within its utilization scope, and contribute labor to maintain and repair the irrigation project in accordance with the provisions of law;
5. To be compensated for losses caused by the irresponsibility on the part of the Irrigation Project Company;
6. To make recommendations on the utilization and protection of the irrigation project; to have its representative in the Managerial Council of the system;
7. To be provided with technical guidance on the utilization and protection of the irrigation project.
The Managerial Council is composed of:
1. The investor;
2. The representative of the local administration in the service area of the irrigation project system;
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4. The representative of the water-consuming households;
5. Representatives of the branches concerned.
The Managerial Council shall have to make decision and plan for exploitation of the system; supervise the activities of the Irrigation Project Company and water users; and regulate the interests of water users.
The Minister of Water Resources shall issue a decision, or assign lower levels to issue a decision, on the establishment of the Managerial Council, and direct its activities.
Section II. NON-STATE ENTERPRISES
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The People's Committee of the locality, where there is an irrigation works, must protect it and ensure its safe operation as stipulated by the Ministry of Water Resources.
The investors in irrigation works concerning many branches and localities must collaborate with the agencies concerned to draw up plans and organize forces to protect them under the guidance of the Ministry of Water Resources.
Article 26.- The activities concerning the protection of irrigation works are stipulated as follows:
1. Before building a new irrigation project to supplement the existing irrigation system, the investor must observe the general plan and the concrete plan, and its economic-technical feasibility study must be ratified by the competent State agency in charge of irrigation works;
2. Any activity undertaken within the protection area of irrigation works which may affect its safe and efficient operation, must have permission from the competent State agency in charge of irrigation works;
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1. For dams, depending on the grades of projects, the protection area from the base of the dam is:
- Grade I: 300m
- Grade II: 200
- Grade III: 100m
- Grade IV: 50m
- Grade V: 20m
With regard to reservoirs, the area of protection is along the circumference which is on the same height as the top of the dam.
With regard to irrigation works of national import, the Government shall have separate regulations.
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3. Pumping stations must be equipped with protection fence;
4. With regard to canals:
a/ For irrigation canals with a flow of 2m3 to 10m3 per second, the area of protection is 5m from the outer edge of the canals; those irrigation canals with a flow of 10m3 or more per second, the area of protection is 10m from the outer edge of the canals;
b/ For drainage canals with a flow of 10m3 to 20m3 per second, the area of protection is 20m from the outer edge of the canal; for drainage canals with a flow of more than 20m3 per second, the area of protection is 30m from the outer edge of the canal.
The users of land within the area of protection of irrigation works must abide by the stipulations in Items 2, Article 26, of this Ordinance.
Article 28.- The following acts are strictly prohibited:
1. The operator, or manager of a system of irrigation works or an irrigation work, operates or orders the operation of irrigation works at variance with the process and technical norms already ratified;
2. Forcing in any form the operator or manager of a system of irrigation works or an irrigation works, to operate it at variance with the process and technical norms already ratified;
3. Using the machinery and equipment of irrigation works contrary to the design function;
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5. Digging earth and rock, dismantling or destroying projects; moving landmarks and signs of various types concerning irrigation projects; using explosive to fish and causing damage to the projects.
6. Releasing toxic wastes beyond the permissible levels stipulated by the law on environmental protection into the water source of irrigation works;
7. Despoiling headwater forests, causing floods, and exhausting water sources;
8. Other acts doing harm to irrigation works.
STATE MANAGEMENT OF THE EXPLOITATION AND PROTECTION OF IRRIGATION WORKS
The Ministry of Water Resources is responsible before the Government for exercising the function of State management of the exploitation and protection of irrigation works.
The ministries and branches concerned, in furtherance of their tasks and powers, shall have to collaborate with the Ministry of Water Resources in exercising the function of State management of the exploitation and protection of irrigation works.
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The local agencies in charge of the management of irrigation works must help the People's Committees of the same levels exercise the function of State management of the exploitation and protection of irrigation works.
1. Managing the elaboration and consideration of the overall plan, plan and economic-technical feasibility study for building new systems of irrigation works to effectively and safely serve production; creating favorable conditions for the exploitation and protection of irrigation works, the protection of aquatic resources in the project; and ensuring that these new systems are not inconsistent with the existing ones;
2. Considering the elaboration of the general plan and plan; adjusting and supplementing the economic-technical feasibility study to renovate and upgrade the existing system of irrigation works, and submitting it to the authorized level for ratification; supervising the quality of construction; organizing the testing on completion and the hand-over of the project; checking and inspecting the implementation of the plan for exploiting and protecting irrigation works;
3. Issuing statutory documents on the exploitation and protection of irrigation works, guiding and organizing the implementation of those documents;
4. Granting or withdrawing licenses for the exploitation of irrigation works;
5. Taking preventive measures in case an irrigation work is threatened by an accident;
6. Studying and applying scientific and technological advances in exploiting and protecting irrigation works; organizing professional training courses for those involved in exploiting and protecting irrigation works;
7. Educating and encouraging the people in exploiting and protecting irrigation works;
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9. Examining and inspecting the quality and safety of irrigation works; the observance of laws on the exploitation and protection of irrigation works;
10. Settling disputes, complaints and denunciations on violations in the exploitation and protection of irrigation works;
11. Seeking international cooperation in the exploitation and protection of irrigation works.
1. Disputes in a province:
a/ Disputes within communes shall be settled by the President of the People's Committee of that commune. If further complaint is made, it shall be settled by the President of the People's Committee of the immediately higher level.
b/ Disputes between communes, wards or townships shall be settled by the President of the People's Committee of the district, precinct, town or city in the province. If further complaint is made, it shall be settled by the President of the People's Committee of the province or city concerned under the Central Government.
c/ Disputes between districts, precincts, towns or cities in a province and a city under the Central Government shall be settled by the President of the People's Committee of the province or city concerned under the Central Government.
If one or more sides involved in the dispute do not agree with the conclusion of the settlement mentioned in Points a, be, and c of Item 1 of this Article, they can protest to the Minister of Water Resources. The decision made by the Minister of Water Resources is final.
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3. Disputes between ministries, branches, provinces and cities under the Central Government and the Ministry of Water Resources shall be decided by the Prime Minister;
4. Disputes in carrying out contracts on the exploitation and protection of irrigation works shall be settled by the People's Court.
INSPECTION OF THE EXPLOITATION AND PROTECTION OF IRRIGATION WORKS
The organization, tasks, powers and activities of specialized inspectors in the exploitation and protection of irrigation works shall be stipulated by the Government.
1. Inspecting the observance of laws on the exploitation and protection of irrigation works;
2. Inspecting the implementation of the process and technical norms; the implementation of general planning, planning and economic-technical feasibility study.
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1. To request the organizations and individuals concerned to supply documents and answer the necessary questions for the inspection;
2. To take measures for technical inspection on the spot;
3. To handle violations in accordance with their powers, or submit them to the competent State agency for settlement.
4. To decide temporary suspension in emergency cases when the activities risk damaging irrigation works and to take responsibility before the law for such decision, and at the same time, report it immediately to the authorized State agency for settlement.
REWARD AND HANDLING OF VIOLATIONS
Those who fight law-breaking acts in the exploitation and protection of irrigation works and who suffer damage to their property or health or lose their life, shall get compensations according to law.
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Article 40.- All stipulations made earlier, which are contrary to this Ordinance, are now annulled.
Article 41.- This Ordinance takes effect as from the date of its promulgation.
The Government shall provide detailed guidance on the implementation of this Ordinance.
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- 1 Ordinance No. 32/2001/PL-UBTVQH10, on the exploitation and protection of irrigation works, promulgated by the Standing Committee of National Assembly.
- 2 Ordinance No. 32/2001/PL-UBTVQH10, on the exploitation and protection of irrigation works, promulgated by the Standing Committee of National Assembly.
- 1 Decision No. 84/2006/QD-TTg of April 19, 2006, approving the adjusted and supplemented planning on irrigation in the Mekong river delta in the 2006-2010 period with orientations toward 2020
- 2 Decree of Government No.98-CP, on the implementation of the Ordinance on the exploitation and protection of hydraulic works
- 3 1992 Constitution of the Socialist Republic of Vietnam