DECISION

ON AUTHORITY TO PROMULGATE AND IMPLEMENT PROCEDURES FOR OPERATING HYDROELECTRIC RESERVOIR SYSTEM  

THE PRIME MINISTER

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Law on Water Resources dated May 20, 1998;

Pursuant to Ordinance on prevention and control of flood and hurricanes dated March 8, 1993; Ordinance on amendments to Ordinance on prevention and control of flood and hurricane dated August 24, 2000; Ordinance on Dike Maintenance dated August 24, 2000; Ordinance on Operation and Protection of Irrigation Works dated April 4, 2001;

At the request of Minister of Industry,

HEREBY DECIDES:

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1. This Decision sets forth procedures for operating hydroelectric reservoir system (hereinafter referred to as procedures), authority to promulgate and responsibilities of relevant entities in making, submission and compliance with the procedures.

2. This Decision applies to entities in every economic sectors that build, manage, and utilize hydroelectric reservoirs, except for utilizing water resources for hydropower plants in small scale within household scope.

Article 2. Contents of procedures

1. Functions of hydropower facilities.

2. Main parameters of hydropower plant:

a) Plant’s name and site;

b) Main parameters of reservoir and plant;

c) Parameters of relevant equipment (number of units, unit flow rate, technical characteristics of control gates).

3. Specific regulations of procedures:

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- Early flood, main flood, and late flood periods;

- Water level in reservoir in the following periods: early flood, main flood, and late flood;

- Regularly preventing flooding and reducing heavy flooding for downstream areas (applicable to works able to prevent flood events from occurring in downstream areas);

- Control gate manual for safe operation, ensuring that the water level in the reservoir does not exceed the prescribed level in any case;

- Rules for coordination between flood-reduction and flood-division works (if any).

b) Regulations on power generation:

- Working regime of hydroelectric plants in the system;

- Requirements for water flows flushed downstream to ensure the ecological flows (if any);

- Requirements for downstream water fluctuation due to operation of hydroelectric plants (if any);

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4. Operation of hydropower reservoir:

a) Responsibilities of entities giving order;

b) Responsibilities of entities executing order;

c) Responsibilities for announcing order to areas likely to be affected by manipulation of control gates;

d) Responsibilities for work safety;

dd) Rules for dealing with breakdowns while operating works;

e) Responsibilities for checking works and reservoir prior and after flooding;

g) Responsibilities for dealing with defects, damage relating to works, equipment that ensure safe utilization and operation of irrigation works and reservoirs during flooding period.

Article 3. Power to approve the procedures

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The Ministry of Industry shall assess and submit the said procedures to the Prime Minister for approval.

2. The Ministry of Industry shall take charge and cooperate with the Ministry of Agriculture and Rural development, National steering committee of prevention and control of flood and hurricanes and relevant ministries and local governments in assessing and approving the procedures applicable to hydroelectric reservoirs with a capacity of at least one million cubic meters (1,000,000 m³), excluding reservoirs specified in Clause 1 of this Article.

3. The People’s Committees of provinces and central-affiliated cities shall take charge and cooperate with relevant ministries and National steering committee of prevention and control of flood and hurricanes of local governments in assessing and approving the procedures applicable to hydroelectric reservoirs with a capacity of less than one million cubic meters (1,000,000 m³). The decision on approval and procedures shall be sent to the Ministry of Industry for consolidation.

Article 4. Implementation

1. The Ministry of Industry shall take charge and cooperate with the Ministry of Agriculture and Rural Development shall take charge and cooperate with National steering committee of prevention and control of flood and hurricanes and relevant ministries and local governments in inspecting the implementation of this Decision and procedures promulgated by competent authorities; deal with difficulties and petition Prime Minister to amend this Decision whenever necessary.

2. The People’s Committees of provinces and central-affiliated cities shall heighten awareness, direct, and inspect the implementation of this Decision and procedures promulgated by competent authorities of local governments; and deal with difficulties and petition competent authorities to make amendments whenever necessary.

3. Responsibilities of entities that invest, use, utilize, and operate hydropower works:

a) Entities that invest new hydropower works shall formulate the procedures, and submit them to competent authority for approval together with fundamental design appraisal;

b) Entities that use, utilize, and operate hydropower works being operating shall formulate the procedures, and submit them to competent authority for promulgation within 3 months from the effective date of this Decision;

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4. The procedures that have been promulgated before the effective date of this Decision shall be amended in accordance with this Decision and relevant regulations and laws.

Article 5. This Decision comes into force after 15 days, from the date on which it is published in Official Gazette.

Article 6. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of provinces and central-affiliated cities and relevant entities shall implement this Decision./.

PRIME MINISTER




Nguyen Tan Dung