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THE
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT THE MINISTRY OF INDUSTRY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
11/1997/TTLT/NN-CN
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Hanoi,
November 08, 1997
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INTER-MINISTERIAL CIRCULAR
GUIDING
THE STATE MANAGEMENT OF UNDERGROUND WATER RESOURCES
Pursuant to Decree No. 73-CP
of November 01, 1995 of the Government defining the functions, tasks, powers
and organizational structure of the Ministry of Agriculture and Rural
Development;
Pursuant to Decree No. 74-CP of November 01, 1995 of the Government defining
the functions, tasks, powers and organizational structure of the Ministry of
Industry;
Proceeding from Directive No. 487-TTg of July 30, 1996 of the Prime Minister on
enhancing the State management of water resources;
Proceeding from Document No. 5073-KTN of October 08, 1996 of the Office of the
Government notifying the Prime Minister’s opinion on transferring the task of
the State management of water resources from the Ministry of Industry to the
Ministry of Agriculture and Rural Development;
The Ministry of Agriculture and Rural Development and the Ministry of Industry
jointly provide the guidance on the following contents of the State management
of underground water resources:
I. CONTENTS OF STATE
MANAGEMENT OF UNDERGROUND WATER RESOURCES
1. Formulation of the national
strategy and policy, overall planning, plans and programs for the basic survey,
prospection, exploitation, utilization, management, development and protection
of underground water resources.
2. Elaboration of legal
documents, regulations and standards on underground water.
3. Collection of data for
setting up a data bank for underground water resources and registration of
underground water exploitation projects.
4. Regulation and distribution
of underground water.
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6. Granting, adjustment and
revocation of underground water prospection and exploitation permits.
7. Supervision, inspection and
handling of violations in the prospection, exploitation, utilization and
protection of underground water resources and the environment as prescribed by
law.
8. Resolution of disputes,
complaints and legal proceedings related to the right to prospection, exploitation
and utilization of underground water.
9. International cooperation in
the basic survey, prospection, exploitation, utilization, management and
protection of underground water resources; implementation of international
agreements on underground water resources which Vietnam has signed or acceded
to.
10. Community-based
popularization and education on the protection, exploitation and utilization of
underground water resources.
II. RESPONSIBILITIES AND
RELATIONSHIP BETWEEN THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT AND THE
MINISTRY OF INDUSTRY IN THE MANAGEMENT OF UNDERGROUND WATER RESOURCES
1. Responsibilities:
1.1. The Ministry of Agriculture
and Rural Development:
- The Ministry of Agriculture
and Rural Development shall perform the task of unified State management of
underground water resources according to the contents stated in Part I above
from November 01, 1997 (excluding the basic geological survey, the national
observation of underground water movement and State management of natural spa
and thermal water).
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1.2. The Ministry of Industry:
- The Ministry of Industry shall
conduct the basic geological survey of underground water according to the State
plan, organize the national observation network of underground water movement,
coordinate with the Ministry of Agriculture and Rural Development and the
People’s Committees of the provinces and cities directly under the Central
Government in drawing up the overall planning on the exploitation, utilization
and protection of underground water resources; perform the State management of
natural spa and thermal water and basic geological survey of underground water
resources.
- The Vietnam Department of
Geology and Minerals shall assist the Ministry of Industry in performing the
State management of the basic geological survey of underground water and national
observation of underground water movement, of natural spa and thermal water.
2. Relationship between the
Ministry of Agriculture and Rural Development and the Ministry of Industry:
2.1. Regarding the basic
geological survey of underground water resources:
- Annually, the Ministry of
Agriculture and Rural Development shall propose the requirements and plan for
the basic geological survey and the plan for the underground water movement
observation to the Ministry of Industry so that the latter can sum up and make
a plan for submission to the Government for consideration and approval.
- The Ministry of Industry shall
assume the prime responsibility and coordinate with the Ministry of Agriculture
and Rural Development in considering and approving the plans and reports on the
basic geological survey of underground water and observation of underground
water movement.
- The Ministry of Industry shall
provide documents on the annual basic geological survey and observation f
underground water movement observation and necessary appendices in service of
the underground water management at the request of the Ministry of Agriculture
and Rural Development in accordance with the Regulation on the hand-over and
supply of geological and mineral materials issued together with Decision No.
127/QD-DCKS of January 16, 1997 of the Minister of Industry.
- In the areas where underground
water exploitation is concentrated or where the existing economic activities
affect the quality and reserves of underground water, in addition to the
national underground water movement observation network, the Ministry of
Agriculture and Rural Development shall assume the prime responsibility and
coordinate with the Ministry of Industry, the Ministry of Science, Technology
and Environment and relevant agencies in making a proposal on the development
of a specialized underground water observation network and submit it to the
Prime Minister for approval.
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The Ministry of Agriculture and
Rural Development shall assume the prime responsibility and coordinate with the
concerned localities and agencies in determining the exploitable underground
water reserve, in regulating and making plans on the exploitation, utilization,
protection and artificial addition of underground water in the river basins,
territorial areas or areas with complicated geological and hydrological
structure and great demand of water exploitation and submit them to the Prime
Minister for approval or approve them according to its competence and organize
the supervision of their implementation.
2.3. The Ministry of
Agriculture and Rural Development and the Ministry of Industry shall regularly
inform each other of the information on the situation of underground water
survey, prospection, exploitation, utilization, management and protection.
III. RESPONSIBILITIES OF THE
PROVINCIAL/MUNICIPAL SERVICES OF AGRICULTURE AND RURAL DEVELOPMENT IN THE
MANAGEMENT OF UNDERGROUND WATER RESOURCES
1. The provincial/municipal
Services of Agriculture and Rural Development shall have to assist the People’s
Committees of the provinces and cities directly under the Central Government in
performing the State management of underground water resources, participating
in the consideration and approval of socio-economic development projects
related to the exploitation, utilization and protection of underground water
resources in their localities.
2. The provincial/municipal
Services of Agriculture and Rural Development shall assume the prime
responsibility and coordinate with the relevant agencies in drawing up an
overall planning on the prospection, exploitation, utilization and protection
of underground water in the river basins or areas within their respective provinces
and cities under the guidance of the Ministry of Agriculture and Rural
Development and submit it to the provincial/municipal People’s Committees for
approval.
3. The provincial/municipal
Services of Agriculture and Rural Development shall execute Decision No. 357
NN-QLN/QD of March 13, 1997 of the Minister of Agriculture and Rural
Development, be responsible for managing, supervising and inspecting the
underground water prospection and exploitation drillings, especially ensuring
strict management of private drilling groups in accordance with the Provisional
Regulation on the granting of permits for the underground water prospection,
exploitation and drilling operations and the registration of underground water
exploitation works.
IV. ORGANIZATION OF IMPLEMENTATION
1. At central level:
The Water and Irrigation Works
Management Department under the Ministry of Agriculture and Rural Development
and the Vietnam Department of Geology and Minerals under the Ministry of
Industry shall be responsible to these two Ministries for implementing the
contents stated in Section II of this Circular.
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- The People’s Committees of the
provinces and cities directly under the Central Government shall have to
perform the State management of underground water resources in their respective
localities.
- The provincial/municipal
Industrial Services shall have to transfer the task of State management of
underground water resources as well as underground water prospection and
exploitation records and documents and the granting of underground water
exploitation permits to the provincial/municipal Services of Agriculture and
Rural Development.
3. Effect of implementation:
- This Circular takes effect 15
days from the date of its issue. All earlier provisions which are contrary to
this Circular are now annulled.
In the course of implementation
of this Circular, any arising problem that needs adjustment or supplement shall
be reported in writing by the implementing agency to the two ministries for
consideration and settlement.
FOR
THE MINISTER OF INDUSTRY VICE MINISTER
Gia Tan Dinh
FOR
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT VICE MINISTER
Vu Trong Hong