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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
99/2001/QD-TTg
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Hanoi, June 28, 2001
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DECISION
PROMULGATING OF
THE REGULATION ON THE ORGANIZATION AND OPERATION OF THE NATIONAL BOARD ON WATER
RESOURCE
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Decision No. 67/2000/QD-TTg of June 15, 2000 of the Prime Minister
on the setting up of the National Board on Water Resource;
At the proposal of the Chairman of the National Board on Water Resource,
DECIDES:
Article 1.- To promulgate
together with this Decision the Regulation on the organization and operation of
the National Board on Water Resource.
Article 2.- This Decision
takes effect after its signing.
Article 3.- The ministers,
the heads of ministerial-level agencies, the heads of the agencies attached to
the Government, the presidents of the People�s Committees of the provinces and
centrally-run cities, the Chairman and members of the National Board on Water
Resource shall have to implement this Decision .
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Cong Tan
REGULATION
ON THE
ORGANIZATION AND OPERATION OF THE NATIONAL BOARD ON WATER RESOURCE
(Promulgated together with Decision No. 99/2001/QD-TTg of June 28, 2001 of
the Prime Minister)
Chapter I
FUNCTION, TASKS AND POWERS OF THE NATIONAL BOARD ON
WATER RESOURCE
Article 1.- The National
Board on Water Resource has the task of giving consultancy to and assisting the
Government in making important decisions concerning the water resource within
the ambit of the latter’s tasks and powers;
1. Consultancy on the national strategy and
policies on water resource;
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3. Consultancy on the shifting of water among
the basins of major rivers;
4. Consultancy on the projects of protecting,
exploiting and using the water resource decided by the Government; preventing,
fighting and overcoming the aftermath of floods and other damages caused by
water;
5. Consultancy on the management, protection,
exploitation and use of international water resources and settling disputes
arising therefrom;
6. Consultancy on the settlement of disputes
concerning water resources among the ministries and branches and between the
ministries and branches on one side and the People’s Committees of the
provinces and centrally-run cities on the other and among the provinces and
centrally-run cities.
Article 2.- Basing itself
on the tasks prescribed in Article 1 of this Regulation, the National Board on
Water Resource shall:
1. Take the initiative in studying and making
suggestions or giving to the Government consultancy on major undertakings,
policies and projects and important questions in the domain of water resource;
2. Organize discussions and solicit the opinions
of experts and scientists on the strategy of national water resource, on major,
important and complicated projects under the competence of the Government;
3. Make suggestions on major and important
reports and projects on the water resource at the proposals of the ministries,
branches and localities or at the request of the Government.
Article 3.- Tasks and
powers of the Board members:
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- To lead the Board in its activities according
to the function and tasks stipulated in Article 1 and Article 2, Chapter 1, of
this Regulation;
- To urge and inspect the performance of the
tasks by the Board members;
- To decide to replace one or several members of
the Board after reaching concensus with the related ministries and branches;
- To decide the contents of the questions
brought up for discussion at each meeting of the Board;
- To convene and preside over the meetings of
the Board;
2. Tasks and powers of the standing members of
the Board:
- To help the Chairman of the Board in leading
the common work of the Board;
- To settle the day-to-day work of the Board and
the questions assigned or authorized by the Chairman of the Board.
- To convene and preside over the meetings of
the Board when authorized by the Chairman of the Board;
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3. Tasks and powers of the regular members:
- To take part in all meetings of the Board and
fulfill all tasks assigned by the Board;
- To make suggestions on the questions brought
up for discussion at the meetings of the Board or on the documents sent by the
Board, and also to make written answers if they cannot attend the meeting of
the Board;
- To be entitled to get access to and be
supplied with the necessary information and to use means of their unit to
perform their tasks.
4. Tasks and powers of the irregular members:
- To take part in meetings of the Board when
invited by the Chairman of the Board;
- To contribute their opinions to the questions
related to the locality and domain of activity of their agency at the meetings
of the Board or to the documents sent by the Board, and also to make written
answers when they are not able to attend meetings of the Board;
- To be entitled to get access to the necessary
information and use the means of their units to perform their task;
- To have the voting right like the regular
members when taking part in meetings of the Board.
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WORKING PRINCIPLES AND RELATIONS OF THE BOARD
Article 4.- The working
regime of the National Board on Water Resource is to discuss, make suggestions
and vote at the meetings of the Board. The Director of the Board Office is the
secretary of the Board’s meetings.
Article 5.- An opinion
which is approved by the majority of the members or which, though approved by
only half of the members but is approved by the Chairman of the Board, is a
common recommendation of the Board; the recommendations of a meeting of the
Board shall be fully transmitted to the Government with the signatures of the
Chairman and Secretary of the meeting of the Board. Other opinions shall also
be fully recorded in the minutes of the meeting of the Board, and shall be sent
to the Government with the signatures of the Standing Member and the Secretary
of the meeting of the Board.
Article 6.- Each year the
National Board on Water Resource shall hold two meetings in the second and
fourth quarters. In case of necessity and at the request of the Prime Minister
or at the request of at least half of the regular members of the Board, the
Chairman of the Board shall convene an extraordinary meeting. All meetings of
the Board must be attended by at least half of its members.
Article 7.- Depending on
the contents of the meeting, the Chairman of the Board may invite
representatives of the concerned agencies, localities and scientists. The
guests shall not take part in the voting on questions of the Board unless
invited as non-regular members of the Board.
Article 8.- In case no
meeting is convened, the Chairman of the Board may send documents and
observation cards to the members of the Board to collect their opinions. The
Director of the office of the National Board on Water Resource shall have to
integrate these opinions for submission to the Chairman of the Board and report
the synthesized result to all members of the Board.
Article 9.- The National
Board on Water Resource is entitled to request the ministries, branches and
localities to report the activities related to the water resource to serve the
research and consultancy work of the Board.
The ministries, branches and localities have the
responsibility to supply necessary information and documents at the request of
the National Board on Water Resource.
Article 10.- The funding
for the operation of the National Board on Water Resource and its Office shall
be incorporated in the annual regular budget of the Ministry of Agriculture and
Rural Development according to the plan approved by the competent authority.
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FUNCTION AND TASKS OF THE OFFICE OF THE NATIONAL BOARD
ON WATER RESOURCE
Article 11.- The National
Board on Water Resource has its own Office to assist it in its work based at
the Ministry of Agriculture and Rural Development. The Office of the Board has
the following main tasks:
1. To prepare the agenda and contents for
meetings of the Board and the workshops decided by the Chairman of the Board;
2. To prepare the contents and documents related
to the work of the Board between two meetings and to send these documents to
the members of the Board as well as the agenda of each meeting at least 14 days
before a regular meeting.
3. To synthesize the written opinions
contributed by the members absent from the meetings in order to report to the
Board and to notify the absent members of the conclusions of the meetings.
4. To write and send the minutes of the meetings
and send the consultancy report of the Board to the Government.
5. To study, survey and draw up the consultancy
plan including consultancy on international cooperation in the domain of water
resource and the creation of consultancy groups on questions mentioned in
Article 1, Chapter 1, of this Regulation.
6. To compile the national water resource
dossier and other necessary information tools to assist in the consultancy work
of the Board. To regularly update the information and data related to the tasks
of the Board.
7. To draw up the working plan and the draft
annual expenditures of the Board and submit them to the competent authority for
examination and approval.
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Article 12.- Organization
of the Board Office
1. The managerial agency for the water resource
under the Ministry of Agriculture and Rural Development shall the function as
the Office of the National Board on Water Resource.
The Office of the National Board on Water
Resource has its own seal.
2. The payroll of the Office of the Board is
part of the payroll of the Ministry of Agriculture and Rural Development and
prescribed by the Minister of Agriculture and Rural Development.
3. The Director of the Water Management and
Water Conservancy Projects Department (under the Ministry of Agriculture and
Rural Development) is also Director of the Office of the Board. The Director of
the Board Office is answerable to the Chairman of the Board and the Minister of
Agriculture and Rural Development who is the Standing member of the Board, for
all aspects of the Office activities.
4. The Director of the Board Office is assisted
by a number of Deputy Directors of Office. The Minister of Agriculture and
Rural Development who is the standing member of the Board shall appoint and dismiss
the Deputy Directors of the Office of the Board.
Chapter IV
FINAL PROVISIONS
Article 13.- Each year
when the need arises to replace their representatives as regular members of the
Board, the ministries and branches shall make written proposals to the Chairman
of the Board for consideration and decision.
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