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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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Law
No. 17/2012/QH13
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Hanoi,
June 21, 2012
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LAW
ON WATER RESOURCES
Pursuant to the 1992 Constitution of the Socialist
Republic of Vietnam, which was amended and supplemented under Resolution No.
51/2001/QH10;
The National Assembly promulgates Law on
water resources.
Chapter I
GENERAL
PROVISIONS
Article 1. Scope of regulation
1. This Law
provides on management, protection, exploitation and use of water resources, as
well as the prevention of, combat against and overcoming of harmful effects
caused by water in the territory of the Socialist Republic of Vietnam.
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Article 2. Interpretation of terms
In this Law, the
below terms are construed as follows:
1. Water
resources include underground water, surface water,
rain water and sea water in territory of the Socialist Republic of Vietnam.
2. Water
sources mean accumulation shapes of natural or
artificial water which may exploit, use, including rivers, springs, canals,
ditches, lakes, ponds, lagoons, seas, underground aquifers; rain, ice, snow and
other.
3. Surface
water means water existing on surface mainland or
islands.
4. Underground
water means water existing in underground aquifers.
5. Inter-provincial
water sources mean water sources being allocated on
area of 02 or more provinces or centrally-affiliated cities.
6. Intra-provincial
water sources mean water sources being allocated on
area of 01 province or centrally-affiliated city.
7. Inter-country
water sources mean water sources flowing from
Vietnam’s territory through other country’s territory or vice versa or water
sources on border line between Vietnam and neighbor country.
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River basin
includes inter-provincial river basin and intra-provincial river basin.
9. Inter-provincial
river basin means river basin on area of 02 or more
provinces or centrally-affiliated cities.
10. Inter-provincial
river basin means river basin on area of 01 province
or centrally-affiliated city.
11. Living
water means clean water or water that may use for
eating, drinking, and hygiene of human.
12. Clean water
means water with quality satisfying technical
regulation on clean water of Vietnam.
13. Living
water sources mean water sources that may supply
living water or treated into living water.
14. Water
source pollution means changes physical nature,
chemical nature and biological component of water that are not suitable to
permitted technical regulations and standards, cause bad effects to people and
animals.
15. Water
source deterioration means depletion on quantity,
quality of water sources compared to natural state or to state of Water sources
observed in pre-period.
16. Water
source depletion means serious depletion on quantity
of water sources, causing water sources fail to satisfying demand of
exploitation, use and the aquatic ecology preservation.
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18. Minimum
flow means the flow at the lowest level necessary for
maintaining a river or river section, ensuring the normal development of
aquatic ecology and the minimum level for water resource exploitation and use
by water users.
19. Underground
water exploitation threshold means limit permit to
exploit underground water aiming to ensure not causing salinization,
degradation, water source depletion, land subsidence, subsidence, bad impacts to
surface water source and relevant environment.
20. Hygiene
Protection Zone of area supplying living water means
adjacent area of area supplying living water from water sources being defined
for compulsory protection to prevent from, combat against the living water
source pollution.
21. Function of
water source means certain purposes of using water
based on benefit values of water source.
22. Protection
corridor of water source means the limited land part
being along water source or surrounding it defined by competent state agencies.
Article 3. Principle of management, protection, exploitation and use of
water resources, as well as the prevention of, combat against and overcoming of
harmful effects caused by water
1. Management of
water resources must ensure uniform with river basin, water sources, combining with management based on administrative area.
2. Water resources must be
managed in general, uniform of water quantity and quality, between surface
water and underground water; water on mainland and water on gate river area,
internal waters, and territorial waters; between upstream and downstream,
combining with management of other natural resources.
3. Protection,
exploitation and use of water resources, as well as the prevention of, combat
against and overcoming of harmful effects caused by water must comply with
strategy, master plan on water resources have been approved by competent state
management agencies; linked with environmental protection, protection of
natural landscapes, historic - cultural vestiges, scenic places and other
natural resources; assurance of national defense and security, social order and
safety.
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5. Exploitation,
use of water resources must be in saving, safety and effectiveness; ensure to
synthetic use, for multiple objectives, be fair, reasonable, harmonious on
benefit, equal on interests and duties among organizations, individuals.
6. Prevention of,
combat against and overcoming of harmful effects caused by water must have
active plan and measure; ensure harmonious combination of national benefits,
regional benefits and branch benefits; combination between modern science and
technology with traditional experiences of people and suitable to
socio-economic conditions.
7. Master plan on
protection, exploitation and use of water resources, as well as the prevention
of, combat against and overcoming of harmful effects caused by water must
contribute to develop society - economy and have measures ensuring life of
inhabitants, national defense and security, protection of historic - cultural
vestiges, scenic places and enviroment.
8. Master plans,
plans. Programs, projects on development of society-economy, national defense
and security must associate with water sources, water resource protection;
ensure maintaining minimum flow on rivers not exceeding
exploitation threshold with respect to aquifers and have measure ensuring life
of inhabitants.
9. Assurance of
territory sovereignty, national benefits, equality and reasonable in
protection, exploitation, use and develoment of water resources, as well as the
prevention of, combat against and overcoming of harmful effects caused by water
with respect to inter-country water sources.
Article 4. State’s policies on water resources
1. To ensure water
resources being managed, protected, exploited, use resonablely, in saving and
effectiveness, satisfying demand of socio-economic sustainable development and
assurance of national defense and security.
2. To invest and
organize basic survey, master plans on water resources; to build system of
observation, overseeing water resources, information system, the water resource
database, to improve capacity of forecast on water resources, pollution of
water sources, floods, drought, salinization, sea-level rise and other harmful
effects caused by water; to assist for development of water sources and
development of infrastructure relating to water resources.
3. To prioritize to invest in research, explore, exploit water sources, have incentive
policy for investment projects on water exploitation in order to solve living
and production water for people in mountainous areas, areas of ethnic minority
groups, border areas, inslands, areas in difficult socio-economic
conditions, areas in extremely difficult socio-economic
conditions, areas where fresh water is scarce.
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5. To ensure state
budget for operations of basic survey, master plan on water resources, water
resource protection, prevention of, combat against and overcoming of harmful
effects caused by water.
Article 5. Dissemination and education of water resources
1. Ministries,
ministerial-level agencies, People’s Committees at levels within their duties,
powers shall coordinate with mass information agencies and training,
educational facilities to disseminate, educate on water resources, guide people
for implementing measures of water resource protection, use water in saving,
effectiveness and comply with provisions of law on water resources.
2. The Vietnam
Fatherland Front Central Committee and organizations being its member within
their duties, powers shall coordinate with state management agencies of water
resources to disseminate, mobilize People to participate in water resource
protection, using water in saving, effectiveness and comply with provisions of
law on water resources, supervising protection, exploitation, use of water
resources, prevention of, combat against and overcoming of harmful effect
caused by water.
Article 6. Taking opinions of inhabitant community and relevant
organizations, individuals in exploitation, use of water resources, discharge
of sewage into water sources
1. Organizations,
individuals that invest projects in which include construction of works on
exploitation and use of water resources or have operations of discharge of
sewage into water sources affecting seriously to production and living of
people in localities shall coordinate with local authorities to implement the
following operations:
a) To take
opinions of representative of inhabitant community and relevant organizations,
individuals in areas influenced on project’ s contents relating to plan on
exploitation, use of water resources, and discharge of sewage into water
sources; to sum up, make reception, explanation and send enclosing dossier of
project when submitting to competent state agencies to decide investment;
b) To publicity
information on project’s contents relating to exploitation, use water
resources, discharge of sewage into water sources and influences possible
causing before implementation;
c) Funds to
implement operations specified in this clause shall be paid by organizations,
individuals investing in project.
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a) The
relevant People’s Committee in communes, wards, towns
(hereinafter referred to as the communal People’s Committee), People’s Committee
in districts, provincial-affiliated towns, cities (hereinafter referred to as
the district-level People’s Committee) for project with
water transfer in intra-provincial river basin.
b) The relevant
People’s Committee in provinces, centrally-affiliated cities (hereinafter
referred to as the provincial People’s Committee) and river basin organization
for project with water transfer not subject to case specified in point a, this
clause.
3. If investment
project build lake, dam on river in inter province river basin without water
transfer, in addition to implement provisions in clause 1 of this article,
before making investment project, the investor being organization or individual
shall:
a) Collection
opinions of the relevant provincial People’s Committees and river basin
organization for scale, plan on proposal for construction of works on main
flow;
b) To previous
inform to the relevant provincial People’s Committees and river basin
organization of scale, plan on proposal for construction of works on sub-flow;
4. The Government
details collection of opinions and publicity of information specified in this
article.
Article 7. List of river basins, list of water sources
1. List of river
basins and list of water sources are basis in order to
implement contents of water resource management in according to river basin,
water sources.
2. List of river
basins includes:
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b) The
intra-provincial river basin;
3. List of water
sources includes:
a)
Inter-provincial water sources;
b)
Intra-provincial water sources;
c) Inter-country
water sources.
4. The Ministry of
Natural Resources and Environment organizes making list of inter-provincial
river basin to submit to the Prime Minister for promulgation; makes,
promulgates list of intra-provincial river basin, list of inter-provincial
water sources, inter-country water sources.
5. Provincial
People’s Committees make, promulgate list of intra-provincial water sources in
localities.
Article 8. Archival, use of water resource information
1. Archival of
documents relating to water resources are sector-specialized archival and be
implemented as prescribed by law on archival.
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3. Organizations,
individuals using information on water resources must pay charge for using
information as prescribed by law on charges, fees.
Article 9. The strictly prohibited acts
1. To discharge
wastes, rubbish, discharge or leak toxic substances into water sources and
other acts causing pollution, deterioration, depletion for water sources.
2. To discharge
sewage, bring waste into Hygiene Protection Zone of area supplying living water,
discharge sewage not yet processed or processed but not met technical
regulations and standards into water sources.
3. To discharge
toxic exhaust directly into water sources; to discharge sewage into soil
through drilling wells, digging wells
and other forms aiming to bring sewage into subterranean; have frauds in
discharging sewage.
4. To put
obstacles, built architecture works, to plant trees unlawfully obstructing
flood drainage, water circulation in rivers, springs, lakes, cannels, ditches.
5. To exploit
unlawfully sand, gravel on rivers, springs, canals, ditches, reservoirs; to
exploit minerals, drill, dig, build houses, architecture objects, works and
other acts in protection corridor of water sources causing
landslide riversides, springs, canals, ditches, reservoirs or causing serious
influence threatening stabilization, safety of rivers, springs, canals,
ditches, reservoirs.
6. To destroy
works for protection, exploitation, use, obversation, supervision of water
resources, works for prevention of, combat against and overcoming of harmful
effects caused by water.
7. To obstruct
operation of water resource basic survey, the lawful right of exploitation, use
of water resources of organizations, individuals.
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9. Not to obey
process on operation of reservoirs, inter-reservoirs promulgated by competent
state agencies.
10. To build
reservoirs, dams, works exploiting water contrary to master plan on water
resources.
Chapter II
BASIC SURVEY,
STRATEGY, MASTER PLAN ON WATER RESOURCES
Section 1. BASIC SURVEY ON WATER RESOURCES
Article 10. The responsibility of State in basic survey on water resources
1. The basic
survey on water resources must be implemented under master plan, plan approved
by competent authorities.
Funds for basic
survey on water resources shall be allocated in annual State budget estimates.
2. The Ministry of
Natural Resources and Environment organizes making master plan on water
resource basic survey to submit to the Prime Minister for approval
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Article 11. Master plan on water resource basic survey
1. Making master
plan on water resource basic survey must ensure the following requirements:
a) To satisfy
requirement on formulating strategy, master plan, plan on socio-economic
development, national defense and security, regional planning, water resource
strategy;
b) To make as
basis for operation of water resource basic survey, servicing for planning on
water resources.
2. Bases to make master plan on water resource basic survey include:
a) Strategy,
master plan, plan on socio-economic development, national defense and security,
regional planning, water resource strategy;
b) Result of implementing
master plan on water resource basic survey of previous period.
3. Master plan on
water resource basic survey includes the following main contents:
a) To identify
requirements on information, figures regarding water resources, exploitation,
use of water resources in whole country;
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c) To identify
operations of water resource basic survey that need to execute for river
basins, areas, water sources being implemented water resource basic survey in
planning term;
d) To identify
priority order of basic survey operation defined in point c, this clause;
e) Solutions,
funds, plans and progress of implementation.
4. Period of
master plan on water resource basic survey is 10 years, with vision to 20
years.
Article 12. Operation of basic survey on water resources
1. Basic survey on
water resources includes the following operations:
a) Survey, assess
on water resources;
b) Inventory of
water resources periodically 05 year one time;
c) Survey of
current status of exploitation, use of water resources, discharge of sewage,
exhaust, other waste into water sources;
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dd) To set up and
maintain systems warning, forecasting flood, drought, salinization, sea-level
rise and other harmful effects caused by water;
e) To set up and
maintain systems of information, database of water resources;
g) To formulate
report on national water resources, report on water resources of
central-affiliated cities and provinces, report on exploitation, use of water
resources in branches, fields.
2. The content of
survey, assessment of water resources specified in point a, clause 1 of this
Article includes:
a) To make
specific maps of river basins, specific maps of rivers, springs, lakes, lagoons
and sea areas;
b) To make
geological and hydrographic maps of aquifers, water containing structures and
water containing complexes;
c) To assess
quantity and quality of water sources; search underground water sources;
d) To make map of
water resources, map of zoning based on quality of water
sources, maps of specialized water resources;
dd) To assess
situation on pollution, deterioration, depletion, saline infiltration of
surface water sources, underground water, sea water pollution; classify water
sources in according to extent of pollution, deterioration, depletion;
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g) To indentify
Minimum flow in rivers, exploitation threshold for aquifers, water
storing areas, areas need to prohibit or restrain water exploitation;
h) To assess,
warn, forecast impact of climate changes over water resources, irregular
happenings on quantity, quality of water sources and harmful effects caused by
water;
i) To identify
capacity to supplement underground water artificially.
Article 13. Organizing basic survey on water resources
1. The Ministry of
Natural Resources and Environment shall:
a) To organize
basic survey on water resources in nationwide;
b) To sum up
results of basic survey on water resources from ministries, ministerial-level
agencies and provincial People’s Committees;
c) To make and
announce report on national water resources periodical 05 years one time,
specialized report on water resources every year.
2. Ministries,
ministerial-level agencies within their tasks, powers shall implement survey,
make report on water use situation of branches, sectors and send to the
Ministry of Natural Resources and Environment for summarization.
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4. The basic
survey on water resources must implemented by units eligible of capability as
prescribed by the Ministry of Natural Resources and Environment.
5. The Government
details the water resource basic survey.
Section 2. STRATEGY, MASTER PLAN ON WATER RESOURCES
Article 14. Strategy on water resources
1. Making strategy
on water resources must ensure the following principles and basis:
a) To be suitable
to strategy, master plan, plan on national socio-economic development, national
defense and security, regional planning;
b) To satisfy demand
on use of water for living, production, sustainable development of
society-economy, national defense and security; protection of water resources
and effective prevention of, combat against harmfull affect caused by water;
exploitation, use in saving, effectiveness of water resources;
c) Demand of use,
capacity to satisfy of water sources and capacity of international
cooperations, international treaties of which the Socialist Republic of Vietnam
is a member;
d) Result of basic
survey, forecast of water resources, forecast of impact from climate changes
for water sources.
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a) Viewpoints,
principles to direct, visions, objectives on protection, exploitation and use
of water resources, as well as the prevention of, combat against and overcoming
of harmful effects caused by water;
b) Orientations,
tasks, and master solutions of protection, exploitation and use of water
resources, as well as the prevention of, combat against and overcoming of
harmful effects caused by water, schemes, projects priority to perform in each
stage of period making strategy.
3. Strategy on
water resources is formulated for period of 10 years, with vision of 20 years
together with strategy period on socio-economic development.
4. The Ministry of
Natural Resources and Environment shall assume the prime responsibility for,
and coordinate with relevant ministries, ministerial-level agencies and
provincial People’s Committees to make strategy on water resources to submit to
the Prime Minister for approval.
Article 15. Master plan on water resources
1. Master plan on
water resources includes:
a) The general
master plan on water resources of whole country;
b) Master plan on
water resources of inter-provincial river basin, inter-provincial water
sources;
c) Master plan on
water resources of central-affiliated cities and provinces.
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3. Period of
master plan on water resources is 10 years, with vision to 20 years.
Article 16. Principle of making master plan on water resources
1. Making master
plan on water resources must ensure the following principles:
a) To be suitable
to strategy, master plan, plan on socio-economic development, national defense
and security, regional planning, water resource strategy;
b) To link with
master plan on land use and master plans of branches relating to exploitation,
use of water resources, requirements on the environmental protection,
protection of natural landscapes, historic - cultural vestiges, scenic
places and other natural resources for sustainable development;
c) To ensure comprehensiveness
between surface water and underground water, between
exploitation, use of water resources and protection of water resources,
prevention of, combat against and overcoming of harmful effect caused by water;
ensure exploitation and use of water resources in saving, effectiveness and
harmonious allocation of water use benefit among localities, branches, between
upstream and downstream;
d) Assurance of
publicity, having participation of community and relevant parties during the
course of making master plan;
e) Master plan on
water resources in inter-country river basin, inter-country water sources must
be suitable to general master plan on water resources of whole country; master
plan on water resources of central-affiliated cities and provinces must be
suitable to general master plan on water resources of whole country and master
plan on water resources in inter-country river basin, inter-country water
sources.
2. Master plan on
irrigation, hydro-power, water supply, domestic waterway transport and other
master plans that have operation of exploitation, use of water resources made
by Ministries, sectors and localities (hereinafter referred to as specialized
master plans having exploitation, use of water resources) must suitable to
master plan on water resources.
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1. Strategy,
master plan, plan on national socio-economic development, national defense and
security, master plan of regions, localities.
2. Strategy on
water resources, demand on exploitation, use of water of branches, localities
and the environmental protection.
3. Characteristic
of nature, society-economy and specific conditions of each river basin, region,
actual potential of water sources and forecast about influence of climate
changes for water resources.
4. Result of basic
survey on water resources
5. Norms, technical
regulations and standards have been promulgated by competent agencies.
6. Provisions of
International treaties of which the Socialist Republic of Vietnam is a member
in case there is relation to inter-country water sources;
7. Task of master plan
on water resources.
Article 18. Content of the general master plan on water resources of
whole country
1. To assee
generally on natural condition, socio-economic conditions, and environment,
current status of water resources, status of exploitation, use, protection of
water resources, prevention of, combat against and overcoming of harmful
effects caused by water.
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3. To anticipate
trend of changes in water resources, demand of exploitation, use of water for
life of people and socio-economic development.
4. To identify
objectives, tasks on management, regulation, distribution, exploitation,
use and protection of water resources, as well as the prevention of, combat
against and overcoming of harmful effects caused by water.
5. To identify
requirement of water transfer among river basins, to identify works that
regulate, exploit, use water sources with big scale.
6. To identify
priority order in making master plan for river basins, water sources.
7. Solutions,
funds, plans and progress of implementation.
Article 19. Content of master plan on water resources of
inter-provincial river basin, inter-provincial water sources and master plan on
water resources of central-affiliated cities and provinces
Master plan on
water resources includes one or many contents as follows:
1. Allocation of
water sources;
a) To assess
quantity, quality of water sources, current status of exploitation, use of
water resources; forecast of trend for flow change, water level of aquifers,
demand of water use
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c) To identify
rate of allocation of water resources for subjects to exploit, use water,
priority order and rate of allocation in case of drought, lack of water;
to identify standby water sources to supply for living water when happening
incident polluting water sources.
d) To identify
system of water resource supervision, supervision of exploitation, use of
water;
dd) To identify
demand of water transfer among sub-basins, demand of water transfer with other
river basins;
e) To identify
works of regulation, exploitation, use and development of water resources.
g) Solutions,
funds, plans and progress of implementation;
2. Protection of
water resources:
a) To identify
requirement on protection of water resources for operations on exploitation,
use of water and aquatic ecologies;
b) To identify
areas be polluted, deteriorated, depleted; to assess happenings on quality of
water, zoning under water quality;
c) To identify
construction works, measures of non-works to protect water sources, recover
water sources being polluted, or deteriorated, depleted in order to assure of
function of water sources;
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e) Solutions,
funds, plans and progress of implementation;
3. Prevention of,
combat against and overcoming of harmful effects caused by water:
a) To identify
areas of riversides in landslide or having hazard of landslide, areas of land
subsidence or having hazard of land subsidence, saline infiltration due
to exploration, exploitation of underground water; to assess status,
happenings, to identify reason and make zoning for harmful effects caused by
water;
b) To assess in
generally on effect, impact of construction works, measures of non-works to
prevent from, combat against and overcome harmful effect identified in point a,
this clause;
c) To identify solutions
to improve qulity, effect of prevention of, combat against and overcoming of
harmfull effects caused by water, solutions to improve quality and effect of
system of warning, forecasting harmfull effects caused by water;
d) To identify
construction works, measures of non-works for diminishing harmful effects
caused by water;
e) Solutions,
funds, plans and progress of implementation;
4. In necessary,
content of master plan has proposal for adjustment of task, operation process
of works exploiting, using and protecting water resources, as well as the
preventing from, combating against and overcoming harmful effects caused by
water in order to implement contents specified in this article.
Article 20. Task of master plan on water resources
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a) To assee in
generally on characteristics on nature, society- economy, current status of
water resources, status of protection, exploitation, use of water resources,
prevention of, combat against and overcoming of harmful effects caused by
water;
b) To preliminary
assess function of water sources, demand of water use, dewatering, issues
need be solved in protection, exploitation and use of water resources, as well
as the prevention of, combat against and overcoming of harmful effects caused
by water;
c) To identify
subjects, scope, content of master plan aiming to ensure function of water
sources, solve issues defined on point b, this clause;
d) To identify
solutions, funds, plans and progress of making master plan.
2. Agencies,
organizations making master plan on water resources shall approve task of
master plan on water resources.
Article 21. Making, approving master plan on water resources
1. Responsibility for
making, approving master plan on water resources is defined
as follows:
a) The Ministry of
Natural Resources and Environment shall assume the prime responsibility for,
and coordinate with the Ministry of Agriculture and Rural Development, the
Ministry of Industry and Trade, the Ministry of Construction and relevant
ministries, ministerial-level agencies to make general master plan on water
resources in nationwide to submit to the Prime Minister for approval.
b) The Ministry of
Natural Resources and Environment shall assume the prime responsibility for,
and coordinate with the Ministry of Agriculture and Rural Development, the
Ministry of Industry and Trade, the Ministry of Construction and relevant
ministries, ministerial-level agencies, localities to make, approve master plan
on water resources in inter-country river basin, inter-coutry water sources.
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2. Master plan on
water resources must be consulted in written of ministries, ministerial-level
agencies, localities, river basin organization, relevant organizations before
submitting to competent authorities for approval.
3. The competent
state agencies making master plans on water resources are entitled to hire
consultancy unit to make master plans on water resources.
4. Funds for making,
approving master plan on water resources shall be paid by the State budget.
5. The Ministry of
Natural Resources and Environment provides on norms, unit price, technical
regulations and dossier of master plan on water resources.
Article 22. Adjustment of master plan on water resources
1. Master plan on
water resources may be adjusted in the following cases:
a) Having
adjustment on strategy, master plan, plan on socio-economic development,
national defense and security, regional planning, water resource strategy that
changes objective of the approved master plan;
b) The approved
master plan on water resources not ensure principle specified in point e,
clause 1, Article 16 of this Law;
c) The projects,
works being key of nation formed newly have big effect to water resources;
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e) Having
adjustment on provincial administrative boundaries.
2. The content of
adjustment on master plan on water resources must be based on result of
analyzing, assessment of status of implementation of the approved master plan
on water resources, the factors influencing adjustment on master plan,
ensure inheritance
and just adjust the changed contents.
3. The state
agencies having competent of approval of master plan on water resources shall
decide adjustment of the approved master plan on water resources.
4. Making,
consulting, appraisal for adjustment of the approved master plan on water resources
are implemented like as making master plan on water resources.
Article 23. Conditions of consultancy unit of making master plan on
water resources
1. The consultancy
unit of making master plan on water resources must have legal status, be eligible
for quantity of, specialized capacity of individuals participating in making
master plan on water resources, management capacity and technical conditions
being suitable to the undertaking work.
2. The Ministry of
Natural Resources and Environment details on capacity condition of consultancy
unit of making master plan on water resources.
Article 24. Publicizing, organizing implementation of master plan on
water resources
1. The master plan
on water resources must be publicized within 30 days, from the day of being
approved. The authority to publicize master plan on water resources is
prescribed as follows:
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b) The provincial
People’s Committees shall publicize the master plan on water resources of
central-affiliated cities and provinces.
2. Based on the master plan on water resources approved by competent
authorities, ministries, ministerial-level agencies and provincial-level
People’s Committee within their duties, powers shall:
a) To make,
approve or submit to competent authorities for approval of specialized master
plans that exploiting, using their water resources. For other specialized
master plans that exploiting, using water resources, being made by ministries,
ministerial-level agencies, they must have acceptance in written of the
Ministry of Natural Resources and Environment;
b) To adjust
master plan, plan that exploting, using water resources to be suitable to the
master plan on water resources approved by competent authorities;
c) To direct,
organize implementation of master plan on water resources for part of content,
work in their task and powers.
3. The river basin
organization shall propose, suggest to the competent state agencies regarding
measures to ensure implementation of master plan on water resources; to propose
to solve issues arasing in the course of implementation of master plan on water
resources.
4. Organizations,
individuals and inhabitant community shall be facilitated to implement right on
supervising, proposing measures to implement master plan on water resources.
5. The Ministry of
Natural Resources and Environment shall guide, inspect, and organize
implementation of master plan on water resources.
Chapter III
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Article 25. Duty of protection of water resources
1. Organizations,
individuals must be responsible for protection of water resources.
2. Local
authorities at levels shall protect water resources in localities.
3. Organizations,
individuals are responsible for regular protection of water sources exploited
and used by them, concurrently have right to supervise acts, phenomenons causing polution,
deterioration, depletion of water sources of other organizations, individuals.
4. Person
detecting acts, phenomenons causing damages or threaten to safety of Water
sources shall prevent and report immediately to the nearest local authority for
timely handling. If the local authority receiving report can not handle,
it must report immediately to the local authority at their directly higher
level or competent state agencies.
Article 26. Prevention from, combat against pollution, deterioration,
depletion of Water sources
1. Exploitation,
use of water resources must comply with master plan on water resources approved
by competent authorities; when causing decreasing function
of water sources, land subsidence, pollution, saline infiltration of water
sources, must pay compensation as prescribed by law.
2. Not newly
building hospitals, health facilities treating infectious diseases, cemeteries,
waste landfills, facilities manufacturing toxic chemicals, the manufacture and
processing facilities discharging toxic sewage in protection corridor of water
source.
For facilities
running must have measures for strictly handling, controlling, supervision of
quality of sewage, waste before discharging to soil, water sources; facilities
running and causing pollution of water sources must have solution to overcome
in time limit defined by competent agency implementing the task on state
management on water resources; if they fail in overcoming, they may be
terminated for operation or moved as prescribed by law.
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4. Organizations,
individuals mining or building works, if implement pumping to draw water,
draining and causing decline of underground water level, depletion of water
sources, they must stop immediately pumping to draw water and implement
measures to restraining, overcoming under direction of competent agency
implementing task on state management on water resources; if cause damage, they
must pay compensation as prescribed by law.
5. Ponds, sewage
reservoirs, areas containing sewage must be anti-leaked, anti-overflowed to
ensure not polluting water sources.
Article 27.
Responding to, overcoming incidents polluting water sources and recovery of the
polluted, depleted water sources
1. Responding to, overcoming incidents polluting water sources are implemented as
follows:
a) The
establishments of production, business or service having hazard of incident
polluting water sources have responsibility to make plan, equip necessary
devices, means and implement measures to timely respond to,
overcome incident polluting water sources caused by them;
b) In case
happening incident polluting water sources, the competent state agencies in
localities shall identify clearly reason, organizations or individuals causing
such incident; coordinate to diminish harmful effects caused by incident; to
supervise, assess on extent of decreasing water quality, damage caused by
incident in order to request subject causing incident to pay
compensation;
c) The provincial
People’s Committees where suffer direct infuences of incident polluting water
sources shall actively implement measures to prevent, restrain spreading polluted
area, handle, diminish pollution within their management, coordinate with
relevant central-affiliated cities and provinces in the course of preventing,
handling incident and report timely to the Ministry of Natural Resources and
Environment;
d) Organizations,
individuals causing incident pollution water sources, apart from be sanctioned
for violation as prescribed by law, have responsibility for overcoming harmful
effect of pollution, deterioration of water sources in the near future,
improving, recovering water quality in far future and pay for damages caused by
them.
2. Responding to, overcoming incidents polluting inter-country water sources are
implemented as follows:
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b) The Ministry of
Foreign Affairs, the Ministry of Natural Resources and Environment and
ministries, ministerial-level agencies shall coordinate with relevant agencies
in country where happening incident polluting inter-country water sources in
order to implement immediately measures to prevent, and overcome harmful effect
in conformity with international law and relevant international treaties.
3. Responding to, overcoming incidents polluting water sources in emergency are
implemented as prescribed by law on emergency.
4. Recovery of
water sources polluted, depleted are implemented as follows:
a) Water sources
must be classified under extent, scope of pollution, depletion and make
priority order to have plan for recovery;
b) The Ministry of
Natural Resources and Environment shall formulate and submit to the Prime
Minister for approval and organize implementation of plan on recovery of
inter-provincial water sources, inter-country water sources; provincial
People’s Committees shall formulate, approve and organize implementation of
plan on recovery of intra-provincial water sources.
5. Funds to
overcome incident polluting water sources in case it can not to identify any
organization or individual causing incident and funds to recover water sources
polluted, depleted under plan specified in point b, clause 4 this clause are
paid by the State budget.
Article 28. Observation and supervision of water resources
1. Responsibility
for observation and supervision of water resources is prescribed as follows:
a) The Ministry of
Natural Resources and Environment shall observe, supervise on quantity, quality
of water sources, exploitation, use of water resources, discharging sewage into
water sources for inter-provincial water sources, inter-country water sources;
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c) organizations,
individuals exploting, using water resources, discharging sewage into water
sources shall observe, supervise their exploitation, use of water and
discharging sewage as prescribed;
2. The Ministry of
Natural Resources and Environment details observation and supervision of water
resources.
Article 29. Protection and development of aquatic resources
1. The State have
plan on protection and development of headwater protective forests and other
forests, implement programs on cultivation of waste land, bare hills,
emlargement of vegetation aiming to anti-erosion, improve capacity to hold
water of land, protect and develop aquatic resource.
2. Organizations,
individuals exploiting forest shall implement measures of explotation and
protection of forest as prescribed by Law on forest protection and development,
not causing deterioration of headwater forests.
3. Organizations,
individuals investing in reservoirs, projects on exploiting and processing
minerals and other operation that using or influencing forest areas must plant
to compensate forest areas have been lost because of works construction or
contribute funds for afforestation as prescribed in case local not allocate
land fund for planting new forest.
4. Organizations,
individuals managing, operating reservoirs must contribute funds for protection
of forest in scope of basin of reservoirs and participate in protection and
development of headwater forests.
5. The Government
details planting to compensate forest areas, contributing funds and management,
use of funds for protection and development of headwater forests in basins of
reservoirs.
Article 30. Assurance of circulation of flow
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Article 31. Protection corridor of water source
1. Water sources
must make protection corridor include:
a) Hydro-power, irrigation
reservoirs and other water reservoirs;
b) Natural and
artificial lakes in urbans, residential areas; lakes, big ponds with function
of regulation in other areas; natural lagoons;
a) Rivers,
springs, canals, ditches being source of supplying water, dewatering or having
an important role for socio-economic development and the environmental
protection;
d) Water sources
relating to religion and belief activities, having high value on biodiversity, cultural
preservation and protection, development of natural ecologies.
2. Organizations
managing, operating reservoirs specified in point a, clause 1 of this article
shall plant limit markers of Protection corridor of water source as prescribed
and hand over limit markers to commune People’s Committee where have reservoirs
for management and protection.
3. The provincial
People’s Committees shall make, manage Protection corridor of water source
specified in points b, c and d, clause 1 of this Article.
4. The Government details
making, management of Protection corridor of water source.
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1. Organizations,
individuals are not permitted to discharge sewage, bring waste into Hygiene
Protection Zone of area supplying living water.
2. Organizations,
individuals exploiting water to supply living water must implement the
following measures:
a) Often observe,
track quality of living water sources and assure of quality of water sources
exploited by them.
b) To have plan to
exploit other Water sources to replace in case happening incident polluting
living water sources they exploiting
3. Person
detecting acts causing ruin, pollution or living water sources has
responsibility for timely preventation and report immediately to competent
state agencies for handling.
4. Provincial
People’s Committees shall:
a) To identify and
publicize Hygiene Protection Zone of area supplying living water within local
area as prescribed by the Ministry of Natural Resources and Environment;
b) To organize to
disclosure information on quality of living water sources, warn abnormal
Phenomenons on quality of living water sources with respect to water sources in
their localities.
5. People’s
Committee at district level, commune level shall implement measures to protect
quality of living water sources in local.
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1. Use of plant
protection drugs, veterinary medicine and other chemicals in cultivation,
breeding, aquaculture must ensure technical regulations and standards, not
cause polluting water sources.
2. Establishments
of production, business, service, mining, or other manufacture are not discharged
sewage that have not been treated or treated but not meet technical regulations
and standards into water sources; when use toxic chemicals, they must have
measures to ensure safety, not to leak, lead to pollution of water sources.
3. Organizations,
individuals exploiting, using water resources for purposes of waterway
transport, sport, entertainment, tourist, medicine, convalescent, science
research and other purposes are not permitted to cause pollution of water
sources.
Article 34. Prevention from, combat against pollution of seawater
1. Organizations,
individuals operating at sea must have plan, equipments, and human resource
ensuring prevention from, combat against pollution of seawater.
Case causing
incident polluting sea water, they must timely handle, overcome incident and
report immediately to the competent state agencies; if cause damage, must pay
compensation as prescribed by law.
2. The discharge
source from activities at coastal
areas, islands and activities at sea must be controlled, treated meeting
technical regulations and standards before discharge into sea.
Article 35. Protection of underground water
1. Organizations,
individuals exploring, exploiting underground water; practicing underground
water drill; drilling to survey works geology, exploring geology,
exploring and exploiting minerals, petroleum; processing foundation of works,
draining for mine and other drilling, digging activities must implement
measures to protect underground water, fill in wells after using or being broken
down.
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3. Regions where underground
water being exploited excessively or deteriorated seriously, state management
agencies of water resources must zoning for areas prohibited from or restrained
for exploitation and have measure to control strictly in order to protect
underground water source.
Article 36. Practicing underground water drill
1. Drilling to
research, survey, explore and exploit underground water must implemented by
organizations, individuals licensed to practice underground water drill
2. The Ministry of
Natural Resources and Environment details practicing underground water drill.
Article 37. Discharge of sewage into water sources
1. Master plan of
urban areas, concentrated residential areas in rural, tourist areas, recreation
areas, industrial areas, economical areas, export processing areas,
concentrated industrial clusters, trade villages must have system of sewage
collection, process be suitable to scale of sewage
discharge, water sources’ capacity to receive sewage and must be accepted by
competent state management agencies of water resources before submiting for
approval.
2. Plans on
construction, renovate, ungrade establishment of bmanufacture, businee must
have items of investment on, construction of system collecting and separating
rain water, sewage; sewage treatment system; system of drainage, conduits for
sewage ensuring technical regulations and standards.
3. Organizations,
individuals discharging sewage into water sources must be licensed by competent
state agencies specified in Article 73 of this Law, except for case specified
in clause 5 of this Article.
4. Granting permit
to discharge sewage into water sources must base on technical regulations and
standards on the quality of sewage, the function of water sources, water sources’ capacity to receive sewage.
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6. The Government
details grant of permit of discharging sewage into water sources.
Article 38. Rights and obligations of organizations, individuals being
granted permit of discharging sewage into water
sources
1. Organizations,
individuals being granted permit of discharging sewage into water sources have
the following rights:
a) To discharge
sewage into water sources as prescribed in permit;
b) To be protected
by the State for legal rights and benefits;
c) To be paid compensation by the State as prescribed by law in case the permit is revoked before its time limit because of reason
for National defense and security or national benefits, public benefits.
d) To have right
to request organizations, individuals, having acts causing damage to their
lawful rights and benefits relating to discharge of sewage into water sources,
to pay compensation as prescribed by law.
dd) To suggest
competent state agencies to grant permit for extension, change of time limit or
adjust content of permit as prescribed;
e) To return
permit as prescribed;
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h) To complaint,
sue on acts violating their lawful rights and benefits relating to discharge of
sewage into water sources as prescribed by law.
2. Organizations,
individuals being granted permit of discharging sewage into water sources have
the following obligations:
a) To execute
provisions of law on water resources and implement under proper content of
permit;
b) To implement
financial obligations as prescribed by law;
c) To ensure
sewage processed meeting technical regulations and standards allowed during
course of discharging sewage into water sources;
d) Not to obstruct
or cause damage to the lawful discharge of sewage into water sources of other
organizations, individuals;
dd) To supply
fully and honestly data, information on discharge of
sewage into water sources when requested by competent state agencies;
e) To execute
measures to ensure safety, prevention and overcoming incidents polluting water
sources caused by their discharge of sewage as prescribed;
g) To implement
observation, supervision output, quality of sewage and regime of information,
report on discharge of sewage as prescribed;
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i) Other
obligations as prescribed by law.
Chapter IV
EXPLOITATION,
USE OF WATER RESOURCES
Section 1. Using water in saving and effectiveness
Article 39. Measures of using water in saving and effectiveness
1. Organizations,
individuals exploiting, using water must implement the following measures to
use water in saving and effectiveness:
a) Proper purpose
and reasonable;
b) To have plan to
replace, reject gradually means, devices with obsolete technology, spending lot
of water;
c) To improve,
rationalize process on using water; apply technique, technology, advance
equipment in exploitation, use of water; increase capacity to use water in
circulation, reuse water; hoard rain water for use;
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2. The Ministry of
Natural Resources and Environment shall organize to formulate model of using
water in saving, effectiveness; popularize, propagate models, technologies,
equipments that saving water.
3. Ministries,
ministerial-level agencies within their tasks, powers shall:
a) To formulate
and promulgate within authority technical regulations on
using water aiming to boost, encourage using water in saving, effectiveness;
b) To formulate
programs, plans and direct, guide to research application of technology on
using water in saving, effectiveness, and aim to reject gradually obsolete
technology, spending lot of water;
c) To assume the
prime responsibility for, and coordinate with the Ministry of Natural Resources
and Environment to formulate and promulgate norm on water consumption in
operations under their management; to inspect, check the compliance with
provisions of law in exploitation, use of water, norm on water consumption
4. The provincial
People’s Committees shall apply comprehensively measures to manage, control
strictly implementation of provisions on using water in saving and
effectiveness at localities.
Article 40. Restricting water loss in water supply
systems
1. Organizations,
individuals managing, operating the water supply system must obey technical
regulations and regulations on operation of water supply system aiming to
satisfy requirement on supplying water being stable, safe, uninterrupted and
diminish loss and saving of water.
2. Organizations,
individuals managing, operating the irrigation works system must apply measures
to prevent, anti leakage and ensure operating system with optimal method aiming
to satisfy requirement on supplying water being reasonable, effective and
diminish loss and saving of water.
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1. Organizations,
individuals investing in use of circulated water, reuse of water, collection,
use of rain water, use of water desalted from brackish water, saline water,
investing in equipment, technology saving water, are entitled to loan of
preferential capital and exempt, reduce tax as prescribed by law
2. The Government
provides on incentives for using water in saving and effectiveness.
Article 42. Science and technology development for using water in
saving and effectiveness
1. The State
encourage, facilitate for organizations, individuals to research science,
application, development of technologies on processing sewage, renovating and
recoverying water sources polluted, deteriorated, depleted, reusing water and
other technologies aiming to use water in saving, effectiveness.
2. Ministries,
ministerial-level agencies, provincial People’s Committees shall allocate funds
and formulate programs on science and technology research aiming to use water
in saving, effectiveness and to process, renovate, recovery water sources being
polluted, deteriorated, depleted.
3. The researches
on science, technological application and development aiming to use water in
saving and effectiveness being priority include:
a) Researches,
technological applications and developments aiming to use circulated water,
reuse water to improve effectiveness in using water in industrial,
constructional, agricultural trades;
b) Researches,
technological applications and developments of processing sewage, renovating,
recoverying water sources being polluted, deteriorated, depleted;
c) Researches,
applications of advance technologies in operation and regulation of water’s
reservoirs, reasonable exploitation and use of water sources;
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e) Application of
solutions using water in saving and effectiveness in course of designing,
building construction works.
Section 2. EXPLOITATION, USE OF WATER RESOURCES
Article 43. Rights and obligations of organizations, individuals
exploiting, using water resources
1. Organizations,
individuals exploiting, using water resources have the following rights:
a) To exploit, use
water resources for purposes on living, manufacture, business and other
purposes as prescribed in this Law and otherprovisions of relevant law;
b) To enjoy
benefits from exploitation, use of water resources;
c) To be protected
by the State for legal rights and benefits during course of exploitation, use
of water resources;
d) To use figures,
information on water resources as prescribed in this Law and other provisions
of relevant law;
dd) To have
conduits for water to flow pass adjoining land under management and use of
other organizations, individuals as prescribed by law;
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2. Organizations,
individuals exploiting, using water resources have the following obligations:
a) To protect
water resources, prevent, combat against and overcome of harmful effects caused
by water as prescribed by this Law and other laws;
b) To use water
for proper purpose, in saving, safety and effectiveness;
c) Not to obstruct
or cause damage to the lawful exploitation and use of water sources of other
organizations, individuals;
d) To protect
water sources which they directly exploit, use;
dd) To implement
obligations on finance; to pay compensation caused by them in course of
ecploitation, use of water resources as prescribed by law;
e) To supply
information, figures relating to exploitation, use of water resources at the
request of competent state agencies; to facilitate for scientific researches
allowed by the State;
g) When
supplement, change purpose, scale of exploitation, use, must be permitted by
competent state agencies, except for case not requiring permit, not requiring
registration as prescribed in Article 44 of this Law;
h) Other
obligations as prescribed by law.
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4. Organizations,
individuals exploiting water resources subject to must pay money to grant right
of exploiting water resources as prescribed in clause 1, Article 65 of this
Law, are entitled to transfer right of exploiting water resources as prescribed
by Government.
Article 44. Register, license of exploitation, use of water resources
1. Cases not
requiring register, not applying for permit when exploiting, using water
resources:
a) Exploitation,
use of water for living of households;
b) Exploitation,
use of water with small scale for manufacture, business, service;
c) Exploitation,
use of sea water for manufacture of salt;
d) Exploitation,
use of water for activities of culture, religion, scientific researches;
e) Exploitation,
use of water for fire and explosion prevention, respond, overcoming of pollution
incidents, epidemics and other emergencies as prescribed by law on emergency.
2. For case of
underground water exploitation specified in points a, b and d, clause 1 of this
article in areas where water level declined excessively, they must register.
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4. The Government
details register, license of exploitation, use of water resources
Article 45. Exploitation, use of water resources for living
purpose
1. The State
priority to exploit, use water resources for living purpose in the following
measures:
a) Investing,
supporting projects on supply living water, clean water, priority to areas of
ethnic minority groups, border areas, inslands, areas where fresh water
is scarce, areas with water sources pollute, deteriorated seriously, areas in
difficult socio-economic conditions, areas in extremely
difficult socio-economic conditions;
c) Having policy
to favour, encourage foreign and domestic organizations, individuals to invest
in searching, exploring,exploiting water sources for living purpose.
2. People’s Committees
at all levels, competent state agencies shall formulate and implement master
plans, plans , projects on supplying living water, clean water; to execute
emergency measures to ensure having living water in case of drought, lack of
water or incident polluting water sources seriously causing lack of water.
3. Organizations,
individuals being supplied living water shall participate in contribution of
effort, finance for protection of water sources, exploitation and processing of
water servicing for living as prescribed by law.
Article 46. Exploitation, use of water resources for agricultural
manufacture
1. The State
invests, supports exploitation, use of water resources for agricultural
manufacture.
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3. Organizations,
individuals are only permitted to exploit, use water that ensuring on technical
regulations and standards for agricultural manufacture.
4. Organizations,
individuals, who management, operate works exploiting,
using water sources for agricultural manufacture, must
obey process of operation.
Article 47. Exploitation, use of water resources for Hydro-power
1. Exploitation,
use of water resources for Hydro-power must ensure use in synthesizing,
multi target, except for exploitation, use of water with
small scale
2. Construction of
Hydro-power works must be suitable to master plans on water resources, obey
provisions in Article 53 of this Law and other relevant laws.
3. Organizations,
individuals exploit, use water sources for Hydro-power must obey
operation process of reservoirs, operation process of inter-reservoirs approved
by the competent state agencies, ensure use in synthesizing, multi target of
water sources; have responsibility to support people in places having
reservoirs.
Article 48. Exploitation, use of water resources for salt manufacture and
aquaculture
1. The State
encourages investing in exploitation, use of sea water for manufacture of salt.
Organizations, individuals using of sea water for salt manufacture are not
allowed to cause saline infiltration, harmful effects to argicutural manufacture
and environment.
2. Organizations,
individuals are only permitted to use water that ensuring technical regulations
and standards on water quality for aquaculture. Exploitation, use of
water resources for aquaculture must be suitable to master plan on water
resources, not cause pollution, deterioration, depletion of water sources, not
obstruct flow, cause damage to works on rivers, not cause obstacle for waterway
transport and not to cause saline infiltration for water sources.
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1. Organizations,
individuals exploiting, using water resources for industrial manufacture must
save water, not cause pollution to water sources.
2. Organizations,
individuals exploiting, using water resources for exploiting, processing
minerals must have measure to collect, process used water meeting technical
regulations and standards on sewage quality before discharge into water
sources.
Article 50. Exploitation, use of water resources for waterway transport
1. The State
encourages exploitation, use of water
resources for development of waterway transport.
2. Activities of
waterway transport are not permitted to cause pollution of water sources, obstacle
of flow, damages of river beds,riversides, river banks, springs, canals,
ditches and works on rivers; if causing damages, they must pay compensation as
prescribed by law.
3. Construction of
works, master plan of waterway routes must be suitable to master plan on water
resources and master plan on development of coastal areas.
4. Construction
and management of other works relating to water sources must ensure safety and
normal operation of means of waterway transport and not cause pollution of
water sources.
Article 51. Exploitation, use of water resources for other purposes
Organizations,
individuals exploiting, using water resources for researches on science,
medicine, sport, entertainment, tourist and other purposes must use water
reasonablely, in saving, effectiveness, not cause pollution, deterioration,
depletion of water sources, obtrucle flow and other harmful effect to water
sources.
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1. Organizations,
individuals exploring underground water must have permit of competent state
agencies.
2. Organizations,
individuals exploiting, using underground water must have permit granted by
competent state agencies, except for case specified in clause 1 and clause 2,
Article 44 of this Law.
3. Grant of exploiting
underground water permit must base on master plan on water resources, result of
basic survey, exploration of underground water, potential, reserves of
underground water and provisions in clause 4 of this article.
4. To restrain
exploitation of underground water in the following areas:
a) Areas having
surface water sources have capacity to satisfy stably for demands on using
water;
b) Areas having
underground water level being consecutively declined and having hazard of being
decreased excessively;
c) Areas having
hazard of land subsidence, saline infiltration, increasing pollution due to
exploitation of underground water;
d) Areas having
underground water sources being polluted or having signal of pollution but have
not yet technological solution to process ensuring quality;
e) The urban
areas, concentrated residential areas in rural, concentrated industrial areas
or clusters, trade villages which had system of supply of water in
concentration and service of water supply that ensure satisfying requirement of
quality, quantity.
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a) Restraining on
subjects, purpose of exploitation;
b) Restraining on
reserves, time of exploitation;
c) Restraining on
quality of works, depth, aquifers of exploitation.
6. The Government
details exploring, exploiting underground water.
Article 53. Reservoirs and exploitation, use of reservoirs' water
1. Master plan on
development of branches, localities having proposal for construction of
reservoirs on rivers, springs must be suitable to master plan on water
resources and must have the following contents:
a) The necessary
to construct reservoirs comparing to other works - solutions to implement task
of master plan;
b) To identify
flows need to maintain on rivers, springs under time at lowland of reservoirs
being proposed in master plan;
c) To identify and
arrange tasks under priority order with respect to each reservoirs being
proposed in master plan and level ensuring water supply for each provided task
To identify and arrange tasks under priority order with resprect to each
reservoirs being proposed in master plan and level ensuring water suppy for
each formulated task;
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dd) Role of
reservoirs existing on river basin in ensuring implementation of task of
reservoirs being proposed;
e) In the course
of making master plan, it must organize taking opinions of subjects enjoyed
benefits and subjects having hazard of risk in exploitation, use of water
resources caused by construction of reservoirs being proposed in master plan.
All advising and suggesting opinions must be explained and
absorbed in reports send to competent state agencies for
appraisal of master plan.
2. Projects of
construction of reservoirs on rivers and springs must
satisfy the following requirements:
a) being suitable to master plan on water resources have been approved by
competent authorities.
b) Having work
items to ensure maintain of minimum flow, use of water sources in synthesizing
and multi target, using dead volume of reservoirs in case of drought, lack of
water seriously, ensure migration of fish species, traveling of waterway
transport means relating to section of rivers, springs having operation of
waterway transport.
c) Having opinions
of inhabitant community and relevant organizations, individuals as prescribed
in Article 6 of this Law;
d) Having
appraisal opinion of state management agencies of water resources for contents
specified in point a and point b of this clause before submitting to competent
authorities for approval.
3. Organizations,
individuals managing, operating reservoirs shall:
a) To obey process
on operation of reservoirs, process on operation of inter-reservoirs being
approved; to ensure the minimum flow, safety of works and lowlands of
reservoirs, if causing damage, must pay compensation as prescribed by law;
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c) To elaborate
and implement plan on annual regulation of reservoirs’ water; implement plan,
project on harmonizing, distributing water sources on river basins of competent
state agencies;
d) To observe
meteorology and hydrology, calculate and forecast volume of water flowing to
lake servicing operation of reservoirs;
dd) If use surface
of reservoirs for aquaculture, business in travel, entertainment, it must be
accepted in written by state management agencies of water resources
e) To implement
regime of report; other provisions of this law and relevant laws.
Section 3. REGULATION, DISTRIBUTION OF WATER RESOURCES
Article 54. Regulation, distribution of water resources
1. Regulation,
distribution of water resources for use purposes must base on master plan on
water resources, actual capacity of Water sources, plan on regulation,
distribution of water resources and ensure the following principles:
a) To ensure fair,
reasonable among organizations, individuals on the same river basin,
between upstream and downstream, between right-shore and left-shore;
b) To priority on
quantity, quality of water for living, agricultural manufacture to contribute
in ensuring security of food and other essential demands of people;
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d) To combine
exploitation, use of surface water sources with exploitation, use of
underground water sources, rain water; increase storage of water in rainy
season to use for dry season.
2. If lacking
water, regulation and distribution must be prioritized for living purpose;
other use purposes must be regulated and distributed as prescribed in master
plan on water resources, river basins and ensure the fair and reasonable
principle.
3. The Ministry of
Natural Resources and Environment organizes implementation of regulation,
distribution of water resources on inter-country river basins. The
provincial People’s Committees organize implementation of regulation,
distribution of water resources in scope of lacalities.
Article 55. The water transfer of river basins
1. Making of
project on water transfer must be based on the following grounds:
a) Strategy on
water resources, strategy on environmental protection;
b) master plan on
water resources of relevant river basins; master plan, plan on socio-economic
development of localities and branches relating to exploitation, use of water
on river basins;
c) To assess
actual capacity of water sources, demand of water use of both water transfer
basin and water receipt basin;
d) To assess
capacity of effect of water transfer to exploitation, use of water, maintain
flow, control flood and impact to ecological environment, especially in dry
season; economical benefits of water transfer;
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2. The project on
water transfer must have appraisal opinion of the Ministry of Natural Resources
and Environment before submitting to competent authorities for consideration
and deciding on investment.
Article 56. Artificial supplementation of underground water
1. The artificial
supplementation of underground water must be based on assessment in particular
on adapability on quantity, quality, capacity to keep and preservate water of
supplemented aquifers, requirement on exploitation, use, protection of
underground water; full assessment of socio-economic and environmental impacts.
2. The Ministry of
Natural Resources and Environment shall identify aquifers, zoning for areas
need artificial supplementation of underground water; guide implementation of
measures to supplement artificially underground water suitable to each region;
approve plans on artificial supplementation of underground water.
Article 57. Creating artificial rain
Creating artificial
rain must be based on demand on water of areas lacked water and admissible
conditions to decide measure, reasonable scale and must be permitted by
competent state agencies.
Chapter V
PREVENTION OF,
COMBAT AGAINST AND OVERCOMING OF HARMFUL EFFECTS CAUSED BY WATER
Article 58. Duty and obligation of prevention of, combat against and
overcoming of harmful effects caused by water
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2. The Government
decides and directs ministries, ministerial-level agencies and People’s
Committees at all levels to implement measures of prevention of, combat against
and overcoming of harmful effects caused by water.
3. Ministries,
ministerial-level agencies and People’s Committees at all levels within their
duties, powers decide and organize implementation of measures of prevention of,
combat against and overcoming of harmful effects caused by water.
Article 59. Prevention of, combat against and overcoming of harmful
effects caused by natural disaster
Prevention of,
combat against and overcoming of harmful effects of floods, sea-level rise, ice
rain, acid rain, and other harmful effects of water caused by natural disaster
are implemented in according to provisions of law on dyke, combat against
floods, storms and other provisions of relevant laws;
Article 60. Prevention of, combat against droughts, floods, artificial
waterlogging
1. Reservoirs must
have process to operate reservoirs approved by competent authorities before
containing water.
2. Important, big
reservoirs on river basin must be operated under process on operation of inter
reservoirs approved by competent state agencies.
3. Process on
operation of reservoirs, Process on operation of inter reservoirs must ensure
maintaining minimum flow, preventing, combating against floods, droughts, lack
of water for lowlands and allocate volume to ensure implementation of task of reservoirs,
including volume to prevent, combat against floods, safety of water supply in
conditions of normal weather and conditions of abnormal weather, changes of
water quality included factors causing climate changes.
4. Process of
reservoirs’ operation, inter reservoirs’ operation on river basins must be
consulted by ministries, branches, localities, river basin organization, other
relevant organizations before submitting to competent authorities for approval.
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a) The Ministry of
Natural Resources and Environment makes list of reservoirs must operate under
process on inter reservoirs’ operation and elaborate process on inter
reservoirs’ operation on river basins, submit to the Prime Minister for
approval;
b) The Ministry of
Agriculture and Rural Development, the Ministry of Industry and Trade,
provincial People’s Committees, organizations, individuals manage, operate
reservoirs within their task, powers to elaborate, submit to competent
authorities for promulgation or promulgate within authority the process on
reservoirs’ operation.
6. Organizations,
individuals managing, operating reservoirs must building plan to respond
circumstance of dyke rupture, circumstances threatening seriously to safety of
works, life and assets of people.
7. For prevention
of, combat against waterlogging and protection of water sources, lakes, ponds,
lagoons are not leveling.
The provincial
People’s Committees publish list of lakes, ponds, lagoons are not levellng in
local scope.
The Ministry of
Natural Resources and Environment publishes list of lakes, ponds, lagoons are
not levellng in areas of two or more central-affiliated cities and provinces.
Article 61. Prevention of, combat against saline infiltration
1. Mangement,
operation of sewers preventing saline water, keeping fresh water and water
reservoirs, works for flow regulation must obey process, standards, technical
regulations, ensure prevention of, combat against saline infiltration.
2. Exploration,
explotation of underground water in delta areas, coastal areas must ensure
prevention of, combat against saline infiltration for underground aquifers.
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4. Organizations,
individuals exploiting, using water resources for agricultural manufacture must
have measure to prevent, combat against aluminous land, saline land, and
erosion land and ensure not causing pollution to water sources.
Article 62. Prevention of, combat against land subsidence
1. Organizations,
individuals practicing underground water drill, geological exploration drill,
exploring mineral, petroleum must obey technical regulations and standards on
safety, prevention of, combat against land subsidence.
2. Organizations,
individuals exploring, exploiting underground water must implement measures
specified in permit, obey technical regulations and standards on technical
safety, ensure not causing land subsidence.
If happens land
subsidence, they must stop exploration, exploitation, concurrently implement
remedial measures and report immediately for the nearest local
authorities.
3. Organizations,
individuals exploiting minerals, building underground works, implementing
operations of drilling, digging must obey technical regulations and standards
on safety, prevention of, combat against land subsidence.
4. Regions are
subsided or have hazard of land subsidence caused by exploration, exploitation
of underground water, agencies implementing task on state management on water
resources must make zoning to have measures to restrain land subsidence.
Article 63. Prevention of, combat against landslide of river shores,
river banks
1. Renovation of
river begs, river shores, river banks, construction of water works,
exploitation of sand, gravel and other minerals on rivers, lakes are not cause
landslide, harmful effects to stability of river begs, river shores, river
banks, lakes and must be accepted in written by competent state management
agencies of water resources.
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If areas being
landslide or having hazard of landslide of river shores, river banks are
between two central-affiliated cities or provinces, related provincial People’s
Committees make petition to competent state agencies to approve prohibited
areas, temporarily prohibited areas from exploitation of sand, gravel and other
minerals.
3. The Ministry of
Transport shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment, the Ministry of Agriculture and
Rural Development to detail operation of vessels on waterway transport routes
to ensure not causing landslide of river shores, river banks.
4. The Ministry of
Natural Resources and Environment shall assume the prime responsibility for,
and coordinate with Ministries, related ministerial-level agencies and
provincial People’s Committees to specific provide on protection of river begs,
river shores, river banks; to direct implementation of measures to protect
river begs, river shores, river banks for rivers being border line between two
central-affiliated cities or provinces.
5. People’s Committees
at all levels shall implement measures to protect river begs, river shores,
river banks in localities.
Chapter VI
FINANCE ON WATER
RESOURCES
Article 64. Revenues of the State budget from operation of water
resources
1. Water royalty
and other taxes as prescribed by Law on tax;
2. Charges, fees
as prescribed by law on charges, fees.
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4. Levy for
compensation to state, levy from sanction of administrative violation in water
resource field as prescribed by law;
Article 65. Levy for grant of right to exploit water resources
1. Organizations,
individuals exploiting water resources must pay levy for grant of right to
exploit water resources in the following cases:
a) To exploit
water for power generation with trade-purpose;
b) To exploit
water for business, service, non-agricultural manufacture;
c) To exploit
underground water for planting industrial trees, breeding cattle, concentrated
aquaculture with big scale.
2. The levy for
grant of right to exploit water resources is indentified by quality of water
sources, types of water sources, conditions of exploitation, scale, time of
exploitation, purpose of using water.
3. The Government
particularly prescribed cases of exploitation of water resources must pay levy
for grant of right to exploit water resources, method of calculation, and rate
of collection of levy for grant of right to exploit water resources.
Chapter VII
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Article 66. Principle of applying in international relationship on
water resources
The Vietnamese
state applies the following principles in basic survey, protection,
exploitation, use of inter-country water sources, prevention of, combat against
and overcoming of harmful effects caused by water, international cooperation and
solving disputes on inter-country water sources.
1. To respect
independence, sovereignty, territorial integrity and benefit of countries
sharing water sources;
2. To ensure fair,
reasonable and sustainable development in exploitation, use of inter-country
water sources;
3. Without
prejudice to rights and interests of countries having common Water sources in
conformity with International treaties of which the Socialist Republic of
Vietnam is a member;
4. To obey
provisions or Vietnamese law, international law and relevan International
treaties.
Article 67. Duty to protect rights and interests of Vietnam for
inter-coutry water sources
1. Organizations,
individuals have duty to protect rights and interests of Vietnam relating to
inter-coutry water sources as prescribed by this Law and other provisions of
Vietnamese law.
2. The Ministry of
Natural Resources and Environment shall track, supervise, sum up situation on
inter-country water sources, timely report, propose to Government, the Prime
Minister to handle issues aiming to ensure rights and interests of Vietnam.
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Article 68. International cooperation in management and development of
water resources
1. The Vietnamese
state enlarges cooperation with countries, foreign organizations, international
organizations in basic survey, protection, exploitation, use, development of
water resources, training officers, scientific searching on water resources,
prevention of, combat against and overcoming of harmful effects caused by
water.
2. The Vietnamese
state encourages, cooperate to exchange information relating to inter-coutry
water sources; to coordinate to research and male master plan on protection,
exploitation, use of inter-country water sources, coordinate in prevention of,
combat against and overcoming of harmful effects caused by water, facilitate
for management and implementation of projects related to inter-country water
sources.
3. The Vietnamese
state actively participates in international organizations of water resources
and international river basin organizations relating to Vietnam aiming to boost
cooperation, exploitation, use and sustainable development of inter-country
water sources.
Article 69. Solving disputes, disagreements regarding inter-country
water sources
When solve
disputes, disagreements on inter-country water sources relating to countries in
river basins, sea areas under sovereignty, apart from applying principles
specified in Article 66 of this Law, must obey the following provisions:
1. All disputes,
disagreements on sovereignty in basic survey, protection, exploitation, use of
inter-country water sources, prevention of, combat against and overcoming of
harmful effects caused by water, among countries sharing water sources, in
which having Vietnam, shall be solved on basis of negotiation, in conformity
with international treaties of which Socialist Republic of Vietnam
is a member and international practices.
2. All disputes,
disagreements on inter country water sources happening in river basins which
have international river basin organization in which Socialist Republic of
Vietnam participates shall be solved in framework of international river basin
organization as prescribed in International treaties of which
Socialist Republic of Vietnam is a member.
Chapter VIII
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Article 70. The responsibility for State management on water resources
of Government, ministries, ministerial-level agencies
1. The Government
uniformly state manages on water resources.
2. The Ministry of
Natural Resources and Environment takes responsibility before the Government in
implementation of state management on water resources, management on river
basin in nationwide, including the following responsibilities:
a) To promulgate
under its authority or submit to competent state agencies
to promulgate and organize implementation of legal documents on water
resources; promulgate technical regulations, norms, unit price on master plan,
basic survey, exploration, exploitation,use, protection of water
resources;
b) To make, submit
to the Prime Minister for approval or approve under its authority and organize
implementation of strategy, general master plan on basic survey for water
resources, master plan on water resources; process on operation of inter-
reservoirs,list of river basins, list or water sources; plan on basic survey,
regulation, distribution of water resources, recovery of water sources
polluted, depleted;
c) To delineate,
publish prohibited areas, restrained areas from exploitation of underground
water, areas need artificially supplement underground water; publish minimum
flow, underground water exploitation threshold; announcement on situation of
drought, lack of water;
d) To organize
appraisal of projects on water transfer in river basins, give opinion on
specialized master plan having exploitation, use of water resources and activities
related to exploitation, use, protection of water resources under its
authority;
dd) To propagate,
popularize, educate law on water resources; train human source on water
resources;
e) To grant,
extend, adjust, terminate, revoke permit on water resources and permit transfer
of right to exploit water resources under its authority;
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h) To form
database, information system on water resources; manage, store information,
data on water resources; declare, publish documents, information on water
resources;
i) To submit to
the Government, or the Prime Minister for plans on solving issues relating to
inter-country water sources, participation in international organizations,
signing or acceding to International treaties on water resources; preside over
activities on international cooperation for water resources;
k) To be as
standing of national council on water resources, Vietnam Mekong river
commission and river basin organizations;
l) To inspect,
check, solve disputes, handle violations of law on water resources under its
authority.
3. Ministries,
relevant ministerial-level agencies within their tasks, powers shall coordinate
with the Ministry of Natural Resources and Environment in state management on
water resources.
Article 71. The responsibility for State management on water resources
of the People’s Committees at levels
1. The provincial
People’s Committees within their duties and powers shall:
a) To promulgate
under their authority and organize implementation of legal documents on water
resources;
b) To make,
approve, announce and organize implementation fo master plan on water
resources, plan on basic survey, regulation, distribution of water resources,
recovery of water sources polluted, depleted;
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d) To organize to
respond to, recover incidents of water sources’ pollution; to track, detect and
participate in solving incidents of inter-country water sources’
pollution under their authority; to make, manage protection corridor of water
source, Hygiene Protection Zone of area supplying living water; to assure
living water in cases of drought, lack of water or happening incidents polluted
water sources;
dd) To propagate,
popularize, educate law on water resources;
e) To grant,
extend, adjust, terminate, revoke permit on water resources and permit transfer
of right to exploit water resources under their authority; guide register for
exploitation, use of water resources;
g) To organize
implementation of basic survey, supervision on water resources under decentralization;
to report to the Ministry of Natural Resources and Environment on result of
basic survey on water resources, situation of exploitation, use, protection of
water resources, prevention of, combat against and overcoming of harmful
effects caused by water in their localities;
h) To set up
database; manage and store information, data of water resources;
i) To inspect,
check, solve disputes, handle violations of law on water resources.
2. The district
People’s Committees, commune People’s Committees within their duties and powers
shall:
a) To implement
measures to protect water resources as prescribed by law; to coordinate with
agencies, organizations managing observation station, to measure, supervise
water resources, the works exploring, exploiting water, discharging sewage into
water sources for protection of this works;
b) To organize to
respond to, recover incidents of water sources’ pollution; to track, detect and
participate in solving incidents of inter-country water sources’ pollution
under their authority;
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d) Periodically,
to sum up, report to People’s Committee at their direct higher level on
situation of management, protection, exploitation and use of water resources,
as well as the prevention of, combat against and overcoming of harmful effects
caused by water;
dd) To organize
register of exploitation, use of water resources, discharge of sewage into
water sources under their authority;
d) To implement
tasks on state management on water resources under decentralization
or authorization of the provincial People’s Committees.
Article 72. Regulation, supervision of exploitation, use, protection of
water resources, as well as the prevention of, combat against and overcoming of
harmful effects caused by water on river basins
1. The following
activities on river basins need to be regulated, supervised:
a) Coordination of
measures on protection of water resources, respond to, overcoming incidents
polluting water sources and recovery of water sources polluted, depleted,
prevention of, combat against and overcoming of harmful effects caused by water
on river basin;
b) Regulation,
distribution of water resources, maintaining minimum flow on rivers,
underground water exploitation threshold; regulation, distribution of water
sources in case of drought, lack of water on river basins;
c) Construction,
operation of reservoirs, dikes and works regulating water on rivers; projects
on water transfer and the works of exploitation, use of water with big and
important scale on river basin;
d) Discharge of
sewage that have hazard causing pollution, deterioration seriously quality of
water sources in river basins; overcoming incidents polluting water sources and
recovery of water sources polluted on river basins;
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d) Other
activities on river basins specified by the Government.
2. Responsibility
for regulation, supervision of exploitation, use, protection of water
resources, as well as the prevention of, combat against and overcoming of
harmful effects caused by water on river basins is specified as follows:
a) The river basin
organization propose regulation, distribution of water sources, supervise
exploitation, use, protection of water resources, as well as the prevention of,
combat against and overcoming of harmful effects caused by water on one or some
inter-country river basins;
b) The provincial
People’s Committees direct the regulation, distribution of water sources and
coordination, supervision of exploitation, use, protection of water resources,
as well as the prevention of, combat against and overcoming of harmful effects
caused by water on intra-country river basins;
c) The Ministry of
Natural Resources and Environment uniformly direct coordination of activities
of river basin organizations, provincial People’s Committees, relevant
agencies, organizations in the regulation, distribution of water sources,
supervision of exploitation, use, protection of water resources, as well as the
prevention of, combat against and overcoming of harmful effects caused by water
on river basins;
3. The Government
stipulates in details the regulation, supervision of exploitation, use,
protection of water resources, as well as the prevention of, combat against and
overcoming of harmful effects caused by water, stipulate on organizational
structure and operation of river basin organizations.
Article 73. Authority of grant, extension, adjustment, termination,
withdraw of permit on water resources
1. The Ministry of
Natural Resources and Environment and provincial People’s
Committees execute the grant, extension, adjustment, termination, withdrawal of permit on water resources.
2. The Government
stipulates order of, procedures for and detailed provisions on authority of
grant, extension, adjustment, termination, withdraw of permit on water
resources.
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1. The National Water
Resources Council is established by Government to advise
for the Government, the Prime Minister in important decisions on water
resources within their duties and powers.
2. The Prime
Minister stipulates duties and powers of The National Water Resources Council.
Chapter IX
THE SPECIALIZED
INSPECTION ON WATER RESOURCES, SOLVING DISPUTES ON WATER RESOURCES
Section 1. BASIC SURVEY ON WATER RESOURCES
Article 75.
The specialized inspection on water resources
1. Inspectorates
of the Ministry of Natural Resources and Environment, Inspectorates of the
provincial Department of Natural Resources and Environment and agencies
implementing the state management task on water resources execute function of
the specialized inspection on water resources.
2. Organizational
structure and operation of specialized inspectorates on water resources comply
with provisions of this Law and provisions of law on inspection.
Article 76. Solving disputes regarding water sources
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a) The State
encourages parties conciliated by themselves for disputes on water resources;
b) The State
encourage to solve disputes on water resources between individuals, households
with each other through conciliation at facilities as prescribed by law on
conciliation at facilities;
c) The commune
People’s Committees organize conciliation of disputes on water resources on
their localities at the request of parties disputing.
2. The district
People’s Committees shall solve disputes on exploitation, use of water resources,
discharge of sewage into water sources for cases not require to grant permit;
if not agree with decision on solving dispute, the parties disputing have right
to complaint to provincial People’s Committees or sue at the Court as
prescribed by law.
3. Provincial
People’s Committees shall:
a) To solve
disputes arising in exploitation, use of water resources, discharge of sewage
into water sources for cases under their licensing authority; if not agree with
decision on solving dispute, the parties disputing have right to sue at the
Court as prescribed by law.
b) To solve
disputes regarding water sources among district People’s Committees;
c) To solve
disputes that have had decision on solving of district People’s Committee but
the parties disputing not agree.
4. The Ministry of
Natural Resources and Environment shall:
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b) To solve other
disputes on water resources among central-affiliated cities and provinces.
5. Requirement on
compensation relating to solving disputes on water resources implemented under
provisions of civil laws, law on state compensation liability.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 77. Transitional provisions
From the effective
day of this Law, practicing the drilling of underground water, exploring,
exploitation, use of water resources, discharge of sewage into water sources
are conducted as follows:
1. Organizations,
individuals granted permit as prescribed by the Law on water resources No.
08/1998/QH10 may continue to perform till the end of time limit stated in
permit.
2. Organizations,
individuals exploiting water resources must pay money to grant right of
exploiting water resources as prescribed by this law for the rest of time limit
stated in their permit.
Article 78. Effect
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The Law on water
resources No. 08/1998/QH10 ceases to be effective on the effective date of this
Law.
Article 79. Provisions for detailing and guidelines for implementation
The Government provides
in detail and guides implementation of provisions assigned in this Law.
This Law was
passed on June 21, 2012, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 3rd session
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Sinh Hung