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THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 38-L/CTN
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Hanoi, December 02, 1994
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ORDINANCE
ON UTILIZATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS
In order to
strengthen the State management, and enhance the responsibility of State
agencies, economic and social organizations, units of the People's Armed Forces
and all individuals, in the utilization and protection of hydro-meteorological
works with a view to serving basic survey, scientific research and
hydro-meteorological forecast, contributing to preventing and combating natural
calamities, promoting socio-economic development, serving national defense and
security, and protecting the air and water environment;
Pursuant to Article 91 of the 1992 Constitution of the Socialist
Republic of Vietnam;
This Ordinance provides for the utilization and protection of the
hydro-meteorological works.
Chapter I
GENERAL PROVISIONS
Article 1.- The hydro-meteorological works are technical-material
installations used in observing and gathering hydro-meteorological elements and
phenomena and factors in the air and water environment.
The
hydro-meteorological works include: the hydro-meteorological stations and
posts, the hydro-meteorological documents, the specialized facilities,
machinery and equipment and houses directly engaged in hydro-meteorological
operations, the specialized land plots, the protection system, the technical
safety corridor and the other support works.
The
hydro-meteorological works are classified in two categories: the basic
hydro-meteorological works, and the specialized hydro-meteorological works.
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1. "The basic
hydro-meteorological work" is a project built with State investment for
basic surveys on hydro-meteorology, and managed and utilized by the State on a
stable and long-term basis in service of social needs.
2. "The
specialized hydro-meteorological work" is a project built and utilized in
service of the specialized and professional activities of the
hydro-meteorological service.
3. "The
hydro-meteorological post" is a project which is directly engaged in
observing hydro-meteorological elements and environmental factors of the air
and water on the surface, under water, in rivers at sea and in the air.
4. "The
hydro-meteorological station" is a project which is directly engaged in
observing hydro-meteorological elements and environmental factors of the air
and water; assessing data collected by different hydro-meteorological posts;
producing hydro-meteorological and weather forecasts and supplying regional
hydro-meteorological information.
5. "The corridor
for technical safety" is the necessary air space and areas of land, water
surface and under water to ensure that the protect operate according to its
technical norms and the hydro-meteorological data it gathers be precise,
objectively reflecting the natural conditions of the region and meeting international
standards.
6. "The
hydro-meteorological document" is the data and samples gathered by
hydro-meteorological projects and processed and stored in various forms.
Article 3.- The State shall have policies to invest in and ensure that
the basic hydro-meteorological works be utilized on a stable and long-term
basis and step by step modernized to meet the national and international
requirements.
Article 4.- The State shall adopt policies to promote and protect the
legitimate rights and interests of domestic and foreign organizations and
individuals in their cooperation and investment in scientific research and
application of technical and technological advances to the utilization and
protection of the hydro-meteorological works.
The State shall
implement the international agreements and conventions on hydro-meteorology,
which the Socialist Republic of Vietnam has acceded to.
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With regard to the
specialized hydro-meteorological works, apart from complying with the provision
of Paragraph I of this Article, they shall be subject to technical evaluation
by the General Department of Hydro-Meteorology.
The owner of the
hydro-meteorological work is responsible for the management, utilization and
protection of his/her work.
Article 6.- The State agencies, economic and social organizations,
units of the People's Armed Forces and all individuals are responsible for
observing the legal provisions on utilization and protection of the
hydro-meteorological works; and for detecting and denouncing acts of violation
of legal provisions on utilization and protection of the hydro-meteorological
works.
Article 7.- The People's Councils at all levels shall, within their
tasks and powers, be responsible for supervising the implementation of the law
on utilization and protection of the hydro-meteorological works.
The State shall create
conditions for the Vietnam Fatherland Front and its member organizations,
within their tasks and powers, to encourage and educate the population to take
part in the protection of the hydro-meteorological works and the supervision of
the implementation of the law on utilization and protection of the
hydro-meteorological works.
Article 8.- All acts of infringement on and damage to
hydro-meteorological works are strictly prohibited.
Chapter II
UTILIZATION HYDRO-METEOROLOGICAL WORKS
Article 9.- The utilization of the hydro-meteorological works includes:
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2. To receive and
disseminate observation results of hydro-meteorological phenomena and factors
of the water and air environment; to process information for
hydro-meteorological and weather forecasts.
3. To store documents
on hydro-meteorology and supply documents requested by users.
Article 10.- All activities within the corridor of technical safety of
hydro-meteorological projects must not affect their normal operation and the
objectivity of the natural conditions in their areas of location.
The Government shall
make provisions for the corridor of technical safety for each category of
hydro-meteorological projects.
Article 11.- The hydro-meteorological works can only be moved only in
case of necessity. The competence to this effect is defined as follows:
1. The Prime Minister
shall decide on the moving of hydro-meteorological works of special category
and those connected to international dissemination network.
The Government shall
adopt a list of the basic hydro-meteorological works of special category to be
proposed by the General Director of the General Department of Hydro-Meteorology;
2. The General
Director of the General Department of Hydro-Meteorology shall decide on the
moving of the other basic hydro-meteorological works;
3. The investor in the
construction of a specialized hydro-meteorological work can decide on the
moving of his/her work but he/she must notify the General Department of
Hydro-Metrology.
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Article 12.- Before their utilization, the hydro-meteorological data
must be assessed according to professional technical standards for
hydro-meteorological documents and endorsed by the competent management
authority.
Article 13.- The Government shall provide for the levels and time
lengths of confidentiality for the hydro-meteorological documents. Depending on
the confidentiality levels and time lengths of the documents, the General
Director of the General Department of Hydro-Meteorology shall submit to the
Prime Minister for approval the regulations on utilization and provision of
hydro-meteorological documents.
Article 14.- The users of hydro-meteorological documents shall pay a
fee in accordance with the provisions of law.
The Government shall
provide for the user's fees for each document category.
Hydro-meteorological
services shall be conducted in accordance with the legal provisions for
contracts.
Article 15.- The utilization of hydro-meteorological documents shall be
exempted from fee payment when it is done for the following purposes:
1. For announcement
over State mass media in service of social needs;
2. To serve national
defense and security needs;
3. For exchange of
information with foreign countries and international organizations in
implementation of the international agreements that the Socialist Republic of
Vietnam has signed or acceded to.
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PROTECTION OF HYDRO-METEOROLOGICAL WORKS
Article 16.- The protection of hydro-meteorological works includes:
1. The measures aimed
at preventing all acts of harm against hydro-meteorological works; and at
preventing, diverting and relieving harms due to natural calamity, fire and
other risks;
2. The planning of
networks of hydro-meteorological works; the documenting and mapping of land
areas for hydro-meteorological works;
3. The implementation
of the norms for maintenance, refurbishing and repair to help the works operate
according to technical standards and on a safe, steady and long-term basis;
4. The implementation
of the provisions for secrecy and storage of the hydro-meteorological documents.
Article 17.-
1. The organizations
and individuals that utilize a hydro-meteorological work are responsible for
its protection.
2. The People's
Committee at the locality where there is a hydro-meteorological work is
responsible for coordinating in its protection.
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Article 18.- All citizens, who discover that a hydro-meteorological
work is harmed or threatened to be harmed, are responsible for reporting the
discovery immediately to the organizations and individuals that utilize it, or
the nearest local authority or State agency for timely control measures.
Article 19.- The following acts are banned:
1. To do harm to the
hydro-meteorological work;
2. To encroach upon
the land within the premises of the work; to violate regulations on the
technical safety corridor of the work;
3. To hinder the
utilization of the work;
4. To provide or use
hydro-meteorological data and documents in violation of the State regulation on
State secrets and other legal provisions.
Article 20.- Documents of the basic hydro-meteorological works are
stored in the State archives.
The General Department
of Hydro-Meteorology shall, in coordination with the State Archives, set the
regime for storage and protection of the documents on hydro-meteorology
stipulated in Paragraph I of this Article.
Documents of the
specialized hydro-meteorological works are to be stored and protected by their
managing organizations and individuals in accordance with the provisions of law.
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STATE MANAGEMENT OF THE UTILIZATION AND
PROTECTION OF HYDRO-METEOROLOGICAL WORKS
Article 21.- The Government exercises unified management of the utilization
and protection of the hydro-meteorological works throughout the country.
The General Department
of Hydro-Meteorology performs the function of State management of the
utilization and protection of the hydro-meteorological works.
The Ministries, the
Agencies at ministerial level and the Agencies attached the Government shall,
within their powers, be responsible for coordinating with the General
Department of Hydro-Meteorology to perform the function of State management of
the utilization and protection of the hydro-meteorological works.
The People's
Committees at all levels shall perform the function of State management of the
utilization and protection of the hydro-meteorological works in their
localities under the guidance of the General Director of the General Department
of Hydro-Meteorology.
Article 22.- The content of the State management of the utilization and
protection of the hydro-meteorological works includes:
1. To issue legal
documents, procedures, regulations and technical standards for the utilization
and protection of hydro-meteorological works and to evaluate the quality of
hydro-meteorological works; to guide and supervise the implementation of these
documents;
2. To carry out
expertise of the hydro-meteorology technical standards of the
technical-economic blue-prints for construction, transformation, expansion and
upgrading of the hydro-meteorological works;
3. To organize the
registration of hydro-meteorological works; to issue and withdraw operating
licenses of hydro-meteorological works;
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5. To control and
inspect the utilization and protection of the hydro-meteorological works; to
settle disputes and, within their jurisdiction, handle acts of violation of
regulations on the utilization and protection of the hydro-meteorological works;
6. To educate and
encourage the population to implement the provisions on the utilization and
protection of the hydro-meteorological works;
7. To conduct
international cooperation in the field of hydro-meteorology.
Article 23.- The organizations which have specialized
hydro-meteorological works must register them with the General Department of
Hydro-Meteorology.
The General Director
of the General Department of Hydro-Meteorology shall set the regulations and
provide guidance for the registration of the hydro-meteorological works, and
issue and withdraw operating licenses of these works.
The utilization and
protection of the specialized hydro-meteorological works in service of national
defense and security shall be defined by the Prime Minister.
Article 24.- The settlement of disputes over the utilization and
protection of the hydro-meteorological works are defined as follows:
1. Disputes related to
the land areas which house the basic hydro-meteorological works shall be settled
in accordance with the provisions of the Land Law and other related legal
provisions;
2. Disputes related to
the utilization and protection of the hydro-meteorological works shall be
handled by the General Director of the General Department of Hydro-Meteorology.
In the event of a settlement failure, the General Director of the General
Department of Hydro-Meteorology shall submit the case to the Prime Minister for
decision;
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Article 25.- Inspection of the utilization and protection of the
hydro-meteorological works is specialized inspection.
The General Department
of Hydro-Meteorological shall perform specialized inspection of the utilization
and protection of the hydro-meteorological works.
Article 26.- The content of inspection of the utilization and
protection of the hydro-meteorological works includes:
1. Inspection of the
implementation of the legal provisions on the utilization and protection of the
hydro-meteorological works;
2. Inspection of the
quality of hydro-meteorological documents supplied by organizations and
individuals that own hydro-meteorological works;
3. Inspection of the
implementation of the procedures, regulations and technical standards of
hydro-meteorology.
Article 27.- In the course of inspection, the Inspection Team or
Inspector has the right:
1. To request the
concerned organizations and individuals to produce documents and answers to
matters necessary for the inspection;
2. To conduct measures
of technical inspection on the spot;
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4. In the event of an
emergency, to suspend temporarily the activities which threaten to damage
hydro-meteorological works, and take responsibility before law for that
suspension decision and, at the same time, report the incident immediately to
the competent State authority for solution.
Article 28.- All organizations and individuals have the right to lodge
complaints to the General Director of the General Department of
Hydro-Meteorology about the conclusion and handling measures taken by the
Inspection Team or Inspector at their units.
All organizations and
individuals have the right to complain or denounce to the General Department of
Hydro-Meteorology or another competent State authority about acts of violation
of the laws on utilization and protection of the hydro-meteorological works.
The offices which
receive complaints and denunciations have to consider and handle them in
accordance with the provisions of law on citizen complaints and denunciations,
and related legal provisions.
Chapter V
REWARDS AND SANCTIONS AGAINST VIOLATION
Article 29.- All organizations and individuals with meritorious deeds
in the utilization and protection of hydro-meteorological works, and in
preventing acts of infringement and damage to them, shall be rewarded in
accordance with the common provisions of the State.
Those who combat acts
of violation of laws on the utilization and protection of the
hydro-meteorological works and who suffer losses in property, health or life,
shall be compensated in accordance with the provisions of law.
Article 30.- Anyone, who damages hydro-meteorological works, encroaches
upon the land of hydro-meteorological works or commits any other act of
violation of the law on the utilization and protection of the
hydro-meteorological works, shall, depending on the character, extent and
consequence of the violation, be subject to administrative sanction or
investigated for penal liability.
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Article 32.- Anyone, who commits acts of violation of law and causes
damage to organizations which own hydro-meteorological works, shall, apart from
being charged in accordance with the provisions of Articles 30 and 31 of this
Ordinance, have to pay compensations for the damage in accordance with the
provisions of law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 33.- The organizations, which own specialized
hydro-meteorological works already registered prior to the effective date of
this Ordinance, shall re-register their works in accordance with the provisions
of Article 23 of this Ordinance.
Article 34.- This Ordinance takes effect from the date of issuance.
All previous
provisions which are contrary to this Ordinance shall be annulled.
Article 35.- The Government shall make detailed provisions for the
implementation of this Ordinance.
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