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THE NATIONAL
ASSEMBLY
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
08/2017/QH14
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Hanoi, June 19,
2017
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LAW
ON
IRRIGATION
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly hereby adopts the Law on
Irrigation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law addresses irrigation water basic
investigations, strategies and planning; investments in development and
construction of irrigation works and facilities; management, exploitation or
utilization of irrigation works and facilities, and operation of hydropower
reservoirs for irrigation water uses; irrigation water utilities or services;
protection and assurance of safety for irrigation works and facilities;
small-scale and inter-field irrigation works or facilities; rights and
responsibilities of organizations or individuals engaged in irrigation
operations; responsibilities for state management of irrigation operations.
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For the purposes of this Law, terms used herein
shall be construed as follows:
1. Irrigation is defined as a set of
measures for retention, storage, regulation, transfer, diversion, distribution,
supply, application or administration, and drainage of water for crop, fish,
aquacultural and salt production purposes, which is incidental to the supply
and drainage of water for non-agricultural household or domestic and other
industrial purposes, and contributes to prevention and control of natural
disasters, environmental protection, adaptation to climate change, and water
resource security.
2. Irrigation
operation is comprised of irrigation
water basic investigation, strategy and planning; investment in development and
construction of irrigation works and facilities; management and utilization of
irrigation works and facilities, and operation of hydropower reservoirs for
irrigation water uses; irrigation services; protection and guarantee of safety
for irrigation works and facilities.
3. Irrigation water work or facility
(hereinafter referred to as irrigation project) is defined as a water
infrastructure engineering project, including dams, reservoirs, sluice gates,
pumping stations, water channeling, diversion and transfer systems, levees,
dykes or embankments, and other structures for irrigation water management,
exploitation and operation purposes.
4. Inter-field irrigation is defined as a
canal, channel, trench, tunnel or pipeline for irrigation and drainage purposes
that is built within the distance from a point of handover and receipt of
irrigation products and services to an arable field.
5. Central irrigation water work or facility
(hereinafter referred to as central irrigation project) is defined as a
irrigation work or facility located at the starting position of the system for
retention, storage, regulation, transfer, diversion, distribution, supply and
control of water, or the one located at the ending position of an irrigation
and drainage system.
6. Water channeling, diversion and transfer
system is defined as a system of canals, channels, trenches, pipelines,
siphons, tunnels and water bridges for water diversion and transfer purposes.
7. Dam and reservoir safety is defined as
implementation of design, engineering, management and operation measures for the
purpose of assuring safety for dams, reservoirs or other relevant facilities,
and safety for people and property downstream of a dam.
8. Downstream of a dam is defined as a
region being flooded or inundated during the release of water from a reservoir in
conformity with regulatory procedures, or during the flood release carried out
in case of emergencies or dam failures.
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10. Owner of an irrigation project refers to
an entity or organization whose rights and responsibilities to represent
ownership interests in a state-funded irrigation project are delegated by the
state; an organization or individual that invests their own funds in
construction of irrigation works or facilities.
11. Manager of an irrigation project is
defined as a specialized entity performing the function of state irrigation
management that is a subsidiary of the Ministry of Agriculture and Rural
Development, the People’s Committees at all levels or an organization whose
rights and responsibilities to represent ownership interests are delegated by
the state; a grassroots-level irrigation institution; an organization or
individual that invests their own funds in construction of irrigation works or
facilities.
12. Grassroots-level
irrigation institution is defined as an organization established by users
or consumers of irrigation products or services that enter into cooperation in
development, management or operation of small-scale or inter-field irrigation
projects.
13.
Exploitation, operation or utilization of an irrigation project is defined
as operation or utilization of potentials or advantages of an irrigation
project for socio-economic development and environmental protection purposes.
14. Irrigation
product or service is defined as a product or service that is created as a
result of operation or exploitation of an irrigation project.
15. Price
of an irrigation product or service is defined as a sum of money paid for a
unit of irrigation product or service.
Article 3. Principles in
irrigation operations
1. Correspond to the general irrigation management
rules; ensure that irrigation operations are in line with practical conditions
of river basins, systems of irrigation projects, administrative subdivisions
and serve multiple objectives.
2. Ensure national interests, defence and security;
environmental protection and adaptability to climate change; contribution to
water resource security and sustainable socio-economic development.
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4. Use water in an economical, safe and effective
manner and for predetermined purposes; ensure that the volume and quality of
water generated by irrigation projects meet regulatory standards.
5. Guarantee legal rights and benefits of
organizations or individuals in relation to irrigation operations; call for all
population's involvement in irrigation operations.
6. Organizations or individuals shall be allowed to
use irrigation products or services and must be liable for these products or
services in accordance with applicable laws; protect safety for human beings
and property from adverse impacts caused during the process of development and
operation of irrigation projects.
Article 4. Regulatory policy
framework for irrigation operations
1. Prefer investing in development of irrigation
projects of special importance, large-scale irrigation projects, or irrigation
projects located at minority regions, mountains, islands or regions facing
extreme socio-economic difficulties, regions with severe water shortages or
regions significantly affected by climate change.
2. Provide tax incentives for organizations or
individuals charged with managing or operating or utilizing irrigation projects
that supply public irrigation products or utilities in accordance with tax
laws.
3. Provide subsidies or support for organizations
or individuals for investment in development, repair or improvement of systems
of small-scale or inter-field irrigation projects; advanced and water-efficient
irrigation systems; advanced and modern irrigation and drainage systems;
effluent or wastewater treatment systems that serve water reuse purposes.
4. Provide subsidies or support for investment in
improvement or modernization of irrigation projects.
5. Provide financial subsidies for use of
irrigation products or services appropriate for respective fields or groups of
users.
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7. Diversify investment forms; provide incentives
or favorable conditions for organizations or individuals to facilitate their
investment in development, management and operation of irrigation projects.
8. Provide support for persons directly carrying
out or those engaged in irrigation operations to have access to training
classes and courses for improvement of their competence; provide incentives and
favorable conditions for organizations or individuals in order for them to
conduct research on or application and transfer of technologies in irrigation
operations.
Article
5. Water efficiency in irrigation operations
1. Economical and effective use of water in
irrigation operations shall comply with laws on water resources and the
following provisions:
a) In the course of setting up the plan and project
for construction of irrigation works or facilities, the watershed solution or
the solution to water source generation, water loss control, local water use,
water recycling and reuse and connection to the inter-regional irrigation
system shall be proposed and selected;
b) In the course of performing operation and
management tasks, an inventory of water resources and water demands shall be
made as the basis for preparation and execution of the scheme for regulating,
distributing and using water in a reasonable manner, and controlling any water
loss;
c) Production schemes of water consumption sectors,
or selection of crop seasons or types of crops or livestock animals, shall
match conditions of water resources and include the plan for economical and
effective use of water;
d) Irrigation water shall be used in an economical
and effective manner and advanced irrigation technologies shall be preferred.
2. Organizations and individuals shall be
responsible for using water in an economical, effective and due manner.
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1. Advanced technologies shall be applied to
improve the capability of forecasting or alerting any changes in water
resources, volume and quality of water, drought, water shortage, saltwater
intrusion, desertification, flood, inundation, waterlogging, aggradation, soil
corrosion or landslide affecting irrigation works and facilities, river banks,
seacoasts, impacts caused by climate change and activities taking place within
river basins to serve irrigation operations.
2. Advanced technologies shall be applied to save,
recycle and reuse water.
3. Scientific research and technological
application shall be prioritized to improve efficient operation and management
of irrigation projects, prevention and control of natural disasters,
adaptability to climate change, conversation of water resources and aquatic
ecosystem, and protection of safety for dams or reservoirs.
Article 7. International
cooperation in irrigation operations
1. Show respect for independence, sovereignty,
territorial integrity, equality and mutual interest in irrigation operations
taking place on transnational and transboundary rivers or streams between
Vietnam and other countries.
2. Comply with Vietnamese laws and international
treaties concerning irrigation operations of which the Socialist Republic of
Vietnam is a member state.
3. Exchange information about irrigation operations
performed on transnational or transboundary rivers or streams between Vietnam
and other countries.
4. Provide preferential treatment for international
cooperation in respect of scientific research, technology transfer, training
and experience sharing as well as mobilization of resources used in irrigation
operations.
5. Play active roles in participating in
international organizations relating to irrigation operations.
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1. Develop and establish irrigation projects in
breach of the irrigation planning that has been approved by the competent
authority.
2. Dump wastes or sewage within the enclosure of an
irrigation project; discharge wastewater in breach of laws and regulations into
irrigation projects; perform other acts polluting water existing within
irrigation works or facilities.
3. Ruin or, purposely or knowingly, damage
irrigation works or facilities.
4. Perform illegal acts, such as blocking,
backfilling, digging, or dredging or suctioning mud, sand or gravels from,
rivers, canals, trenches, lakes or ponds, which result in impacts on irrigation
operations.
5. Operate motor vehicles that exceed the maximum
allowable mass on irrigation works or facilities; operate motor vehicles or
inland watercraft on irrigation works or facilities without compliance with
prohibition signs, except for types of vehicles or transport equipment allowed
for traffic participation by laws on road and inland waterway traffic.
6. Hinder audits of irrigation operations.
7. Carry out illegal abstraction of water from
irrigation works or facilities.
8. Operate irrigation works or facilities without
obtaining permission; operate irrigation works or facilities in breach of
regulatory procedures approved by the competent authority.
9. Protest, hinder or disobey the decision issued
by a competent entity or person in response to emergencies taking place inside
the perimeters of irrigation projects.
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11. Perform activities inside the perimeter of a
irrigation work or facility without obtaining any license or carry out
activities that are not specified in the license to carry out operations
referred to in Article 44 hereof.
Chapter II
IRRIGATION BASIC
INVESTIGATION, STRATEGY AND PLANNING
Article 9. Irrigation basic
investigation
1. The irrigation basic
investigation shall be conducted on an annual or unscheduled basis to collect
information, build up the database used for scientific research tasks, draw up
strategy, plan, proposal and project for development, management, operation and
utilization of irrigation works or facilities.
2. The irrigation basic investigation shall mainly
focus on the followings:
a) Realistic conditions concerning quantity,
quality and operational capacity of irrigation works or facilities, and
consumption demands for irrigation products or services;
b) Realistic conditions concerning the
organizational structure and regulatory policy framework that govern irrigation
operations;
c) Effects of irrigation works and facilities on
environment and people's lives;
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dd) Impacts on irrigation operations that result
from climate change, drought, water shortage, saltwater intrusion,
desertification, flood, inundation, waterlogging, aggradation, soil corrosion
or landslide affecting irrigation works and facilities, river banks or
seacoasts, and socio-economic development activities carried out on river
basins.
3. The Ministry of Agriculture and Rural
Development shall conduct irrigation basic investigations and mandate the
provincial-level People’s Committee to conduct irrigation basic investigations
within its local jurisdiction.
4. Authority to approve, release
and administer results of irrigation basic investigations shall be prescribed as
follows:
a) The Ministry of Agriculture and Rural
Development approves, releases and administers results of irrigation basic
investigations conducted on its own;
b) The provincial-level People’s Committee
approves, releases and administers results of irrigation basic investigations
conducted by itself.
Article 10. Irrigation
strategy
1. Irrigation strategy shall be established for a
cycle of 10 years with a vision towards 30 years or over later on, and shall be
consistent with the socio-economic development, national defence and security
strategy. Irrigation strategy shall be updated or modified whenever there is
any change in the socio-economic development, national defence and security
strategy, or any significant change resulting from natural disasters.
2. Irrigation strategy shall define directive
standpoints, principles, visions, objectives, duties and solutions and
necessary arrangements for implementation of irrigation development tasks
throughout the entire country.
3. The Ministry of Agriculture and Rural
Development shall take charge of setting up and submitting to the Prime
Minister the irrigation strategy.
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1. The irrigation planning shall serve as the basis
for development, construction, management, operation, utilization and
protection of irrigation works or facilities.
2. The irrigation planning shall be categorized as
follows:
a) The general irrigation planning covers the whole
country, specific regions, river basins, systems of irrigation works or
facilities or administrative divisions with a view to dealing with general
matters relating to water supply, crop irrigation and drainage, prevention and
control of water-related disasters;
b) The specialized irrigation planning covers
specific regions, river basins, systems of irrigation works or facilities or
administrative divisions with a view to dealing with one of matters like water
supply, crop irrigation and drainage; prevention and control of water-related
disasters.
3. The region-specific irrigation planning, the
planning for irrigation system, the administrative division-based irrigation
plan shall align with the national irrigation plan and river basin-based
irrigation plan.
4. The irrigation planning shall remain valid for
the period of 10 years with a vision for 20 years or more in the future, and
shall be subject to a periodic review conducted every 5 years.
5. The irrigation planning shall be modified in
either cases where there is any modification of the socio-economic development,
national defence and security strategy, irrigation plan or there is any
significant change affecting main objectives of the irrigation plan.
Article 12. Principles of
setting up an irrigation plan
1. Match the strategy, plan and proposal for
socio-economic development, national defence and security, irrigation strategy
and irrigation planning.
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3. Provide the general management of water
resources and ensure consistency with river basins and systems of irrigation
works or facilities, adaptability to impacts resulting from climate change and
socio-economic development activities occurring in river basins and sustainable
development.
4. Serve multiple objectives, ensure the compatibility
between exploitation and protection of natural resources, environment,
prevention and control of natural disasters. Give special emphasis on supplying
water to islands, coastal regions, boundary areas, mountains, highland areas
and areas surrounding hydropower reservoirs.
5. Ensure balanced distribution of water across the
nation, within specific regions, river basins, systems of irrigation works or
facilities or administrative divisions; transfer water from areas with an
abundant volume of water to those with a shortage of water; retain and store
water occurring in rainy season and water-abundant years for later use in dry
season and water-deficit years, respectively.
6. Ensure that entities, organizations or
individuals can give their contributing opinions during the process of
establishing the irrigation plan.
Article 13. Inclusions of an
irrigation planning
1. The irrigation planning shall define
developmental orientation, spatial setting and distribution of irrigation
resources by the extent specified in the plan.
2. The irrigation planning shall comprise the
following scope of works:
a) Analysis and evaluation of natural and water
resource conditions, socio-economic conditions, available resources; assessment
of current irrigation conditions and results achieved from implementation of
the irrigation planning in the antecedent planning period;
b) Forecast of developmental tendencies and
scenarios, water sources in the situation where they are impacted by climate
change, natural disasters and river basin developments; forecast of advances in
science and technology and resources directly affecting irrigation matters;
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d) Determination of irrigation development
viewpoints and objectives;
dd) Analysis, calculation and formulation of
irrigation approaches based on developmental scenarios that may occur throughout
the entire nation, specific regions, river basins, systems of irrigation works
or facilities and administrative divisions. The plan shall certainly help
create, store, balance, regulate and distribute water resources, minimize risks
of drought, saltwater intrusion, desertification, flood, inundation,
waterlogging, pollution and degradation to water resources and other
water-related disasters;
e) Recommended solutions, list of construction
works, projects and order of priority; proposal and suggestion of review based
on which adjustments to irrigation-related plans may be made to ensure
consistency and uniformity;
g) Anticipation of demands for land used for
development, construction, modification and improvement of irrigation works or
facilities; demands for land used as the ground for storage of materials
produced from dredging and expansion of channels or canals;
h) Solutions and resources available for
implementation of the irrigation plan;
i) Zoning drawings or plans.
Article 14. Formulation,
approval, revision, release, management and implementation of the irrigation
plan
1. Responsibilities for formulation and review of
the irrigation plan shall be prescribed as follows:
a) The Ministry of Agriculture and Rural Development
conducts formulation and review of irrigation plans covering the entire nation,
specific regions, river basins and systems of irrigation works or facilities
that involve at least two provinces, systems of irrigation works or facilities
that are large and complicated within a single province;
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2. Authority to approve and revise an irrigation
plan shall be subject to the following provisions:
a) The Prime Minister approves and revises
national-scale irrigation plans;
b) The Minister of Agriculture and Rural
Development approves and revises irrigation plans stipulated by Point a Clause
1 of this Article, except for national-scale ones;
c) The provincial-level People's Committee
petitions the same-level People’s Council to approve and revise the irrigation
plan established or reviewed by the Committee itself after obtaining written
opinions from the Ministry of Agriculture and Rural Development.
3. Release, management and implementation of an
irrigation plan shall be prescribed as follows:
a) Within the duration of 30 days from the date on
which the original plan or the revised plan is approved, the Ministry of
Agriculture and Rural Development publicly releases details of the original or
revised plan as referred to in Point a and b Clause 2 of this Article; the
provincial-level People's Committee publicly releases information about the
original or revised plan as prescribed by Point c Clause 2 of this Article.
Release of details of the irrigation plan shall last during the entire planning
period;
b) The Minister of Agriculture and Rural
Development manages and conducts the irrigation plan in accordance with Point a
and b Clause 2 of this Article; the provincial-level People’s Committee manages
and conducts the irrigation plan in accordance with Point c Clause 2 of this
Article and under the mandate of the Ministry of Agriculture and Rural
Development;
c) Organizations and individuals shall be provided
with favorable conditions for oversight of compliance with the irrigation plan.
Chapter III
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Article 15. Rules of investment
in construction of irrigation works or facilities
1. Investment in construction of irrigation works
or facilities shall comply with laws on investment and construction, and other
relevant legislation.
2. The Government may invest in irrigation projects
of special importance, large-scale irrigation projects and those facing
difficulty in mobilizing social resources, reservoirs located areas facing
water scarcity; irrigation projects that support national defence, security,
prevention and control of natural disasters; irrigation projects located at
minority regions, mountains, islands or regions facing extreme socio-economic
difficulties, or regions severely affected by climate change.
3. Organizations or individuals obtaining
permission for use of irrigation products or services shall be charged with
investing in small-scale and inter-field irrigation projects.
4. The Government shall encourage and provide
favorable conditions for organizations and individuals to undertake investment
or enter into cooperation in development of irrigation projects under a
public-private partnership agreement.
5. Development of irrigation projects shall take
into consideration capacity for regulating, transferring, distributing or
utilizing water between irrigation projects and other water sources.
6. Geological and seismic factors shall be taken
into account in detailed calculation of investment in construction of
irrigation works or facilities with the aim of ensuring ultimate safety for
these projects and human lives.
Article 16. Categorization and
grading of irrigation projects
1. Categorization and grading of irrigation
projects shall serve the purpose of investment in development, administration,
operation and protection of these irrigation projects.
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3. Irrigation projects shall be graded by scale,
functions, ecological conditions of foundation and engineering requirements,
including irrigation projects of special importance, grade-I, grade-II,
grade-III and grade-IV irrigation projects.
4. The Government shall provide detailed
regulations of this Article.
Article 17. Requirements set
out during the process of investment in construction of irrigation works or
facilities
1. Investment in construction of irrigation works or
facilities shall satisfy the following requirements:
a) Accord with the irrigation plan;
b) Apply measures to alleviate water loss and
reduce land to be used for construction of these irrigation works or
facilities;
c) Take into account connection between irrigation
projects, between irrigation projects and other relevant infrastructure
projects, and between regions or water sources;
d) Ensure that central irrigation projects, and
inter-field and closed irrigation projects operate in a synchronous manner
within the system of irrigation works and facilities;
dd) Duly coordinate the project approach with the
non-project approach;
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g) Ensure safety for irrigation projects.
2. Projects for maintenance, upgradation and
modernization of irrigation works or facilities shall comply with Clause 1 of
this Article and ensure that impacts on performance of functions of irrigation
projects must be mitigated.
Article 18. Investment in
construction of dams and reservoirs
1. Investment in construction of dams and
reservoirs shall satisfy requirements set forth in Article 17 hereof and the
following provisions:
a) The general layout and dam structure design
shall facilitate control of safety for dams, response to any emergency, and
maintain, upgrade and repair dams in case of any damage that may occur;
b) Procedures for operation of gates and valves,
procedures for maintenance of specific parts of dams or reservoirs, together
with design documentation, shall be established and approved and handed over to
owners of dams or reservoirs upon the project transfer date;
c) With respect to overflowing occurring at dams or
reservoirs with regulating gates and valves, the operational surveillance
system, communication and alerting equipment for safety of dams and downstream
regions, and dedicated instruments for hydro-meteorological measurement and
observation installed at reservoir basins, shall be made in place;
d) With respect to large dams or reservoirs where
uncontrolled overflowing occurs, communication and alerting equipment for
safety of dams and downstream regions, and dedicated instruments for
meteorological and hydrological measurement and observation installed at
reservoir basins, shall be made in place.
2. During the process of executing dam or reservoir
construction projects, investors, stakeholders or developers of these projects
shall be responsible for preparing the plan for response to emergencies that
may happen to these projects or downstream thereof for submission to relevant
authorities in order for them to grant their approval of that plan and
undertaking activities specified in that plan.
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4. The Government shall provide detailed
regulations of this Article.
Chapter IV
MANAGEMENT, OPERATION OR
UTILIZATION OF IRRIGATION PROJECTS AND OPERATION OF HYDROPOWER RESERVOIRS FOR
WATER USES
Section 1. MANAGEMENT AND
OPERATION OF IRRIGATION PROJECTS
Article 19. Principles of
management and operation of irrigation projects
1. Carry out consistent management practices based
on the system of irrigation projects and apply these practices to central
irrigation projects through inter-field ones; match objectives and functions of
the system, and satisfy requirements concerning volume and quality of water for
production, personal and domestic uses and for industrial consumption in
various economic sectors.
2. Comply with operational procedures approved by
relevant competent authorities; prepare contingency plans for response to
natural disasters.
3. Ensure fair distribution of benefits, sharing of
risks and restriction on adverse effects on other related regions; promote
effectiveness in general operation and utilization of irrigation projects, and
take advantage of multipurpose characteristics of irrigation systems.
4. Call for involvement of users of irrigation
products and services as well as interested parties in management and operation
of irrigation projects.
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Article 20. Activities of
management, operation and exploitation or utilization of irrigation projects
1. Water management shall mainly focus on the
following activities:
a) Collect hydro-meteorological forecasting information;
carry out purpose-made hydro-meteorological measurements or observations at
their basins; conduct observation, forecast and give sufficient warnings of
flood, inundation, waterlogging, drought, water shortage, saltwater intrusion,
water volume and quality; make an inventory of water sources within a system of
irrigation works and facilities, and an analysis of water consumption demands;
b) Establish and undertake activities necessary for
implementation of the plan for water retention, storage, regulation, transfer,
distribution, supply, crop irrigation, water drainage and consumption; control
water quality and saltwater intrusion; carry out plans for response to natural
disasters;
c) Protect environment and quality of water
existing inside the perimeter of irrigation projects; inspect and control
discharge of sewage or wastewater into irrigation projects;
d) Establish and archive technical documents
related to management and distribution of water within a system of irrigation
works or facilities.
2. Management of irrigation works or facilities
shall mainly focus on the following activities:
a) Measure, observe, monitor, inspect, audit and
assess safety of irrigation projects;
b) Manage, conduct maintenance, investment in
improvement, construction, modernization of, and deal with and correct any
failure or breakdown that may happen to, irrigation projects as well as
machinery and equipment thereof; mark the boundary of irrigation projects for
security purposes;
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d) Establish and archive technical documents
related to management of irrigation works or facilities.
3. Economic management of irrigation works or
facilities shall mainly focus on the following activities:
a) Conduct establishment, validation and release
within appropriate jurisdiction or make a request to relevant competent
authorities for their validation and release or approval of application of
economic and technical norms to serve the purpose of management and operation
of irrigation projects;
b) Conduct formulation and implementation of the
plan to supply irrigation products and services;
c) Conclude, carry out the acceptance testing of
and discharge contracts for supply and consumption of irrigation products and
services;
d) Create the proper organizational model for
management, operation and protection of designated irrigation projects and
resources;
dd) Make a regular report on evaluation of
effectiveness in management, operation and protection of irrigation projects;
draw up and conduct implementation of the plan for general operation of
irrigation projects and expansion of the scope of services to be rendered with
a view to developing capacity of irrigation projects;
e) Establish and archive asset and financial
management documents or records.
Article 21. Responsibilities
for management of irrigation projects
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a) The Ministry of Agriculture and Rural
Development shall manage irrigation projects of special importance, those of
which operation and protection involve at least 02 provinces;
b) The provincial-level People’s Committee shall
manage or vest the district-level People's Committee with the authority to
manage irrigation projects located within its local jurisdiction, based on
specific local conditions, unless otherwise prescribed by Point a of this
Clause.
2. Organizations or individuals putting their own
investment in irrigation projects shall be charged with managing these
projects.
Article 22. Responsibilities
assumed by owners or operators of irrigation projects
1. Responsibilities assumed by owners or operators
of irrigation projects shall be prescribed as follows:
a) Exercise rights and responsibilities legally
assigned to owners of irrigation projects;
b) Provide a sufficient amount of finances for
maintenance, investment in improvement, construction, modernization of, and
handling and correction of any failure or breakdown that may happen to,
irrigation projects; marking of the boundary of irrigation projects for
security purposes and solutions to increasing effectiveness in management and
operation of irrigation projects.
2. Responsibilities assumed by managers of
irrigation projects shall be prescribed as follows:
a) Manage operation and protection of irrigation
projects where appropriate to their designed objectives and functions,
potentials and advantages;
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c) Take charge of investigation and assessment of
effectiveness in management and operation of irrigation projects on a
quinquennial or unscheduled basis; grant decisions under their delegated
authority or request owners to make their decisions on improvement,
construction, modernization and solutions to increasing effectiveness in
management and operation of irrigation projects on the basis of results of such
investigation and assessment;
d) Take on other duties as prescribed by applicable
laws.
Article 23. Conduct and method
of exploitation or utilization of irrigation projects
1. Hosts of exploitation or utilization of
irrigation works or facilities shall comprise:
a) Enterprises;
b) Grassroots-level irrigation institutions;
c) Individuals.
2. Organizations or individuals obtaining
permission for exploitation or utilization of irrigation projects shall satisfy
regulatory conditions imposed by the Government.
3. Entities charged with managing irrigation
projects, referred to in Clause 1 Article 21 hereof, shall decide the method
for exploitation or utilization of state-funded irrigation projects as follows:
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b) Authority to manage and exploit or utilize
irrigation projects other than those stipulated by Point a of this Clause shall
be offered throughout the procurement or commissioning processes.
4. Organizations or individuals putting their own
investment in irrigation projects shall be entitled to decide which method of
exploitation or utilization thereof is applied.
Section 2. OPERATION OF
IRRIGATION PROJECTS AND HYDROPOWER RESERVOIRS FOR WATER USES
Article 24. Processes for
operation of irrigation projects
1. Organizations or individuals obtaining
permission for exploitation or utilization of irrigation projects shall operate
these projects in compliance with processes approved by relevant regulatory
authorities.
2. Responsibilities for establishing and revising
processes for operation of irrigation projects shall be prescribed as follows:
a) The investor in irrigation projects shall
establish operational processes and request relevant regulatory authorities for
approval prior to commencement of operation;
b) With respect to irrigation projects that are
currently exploited or utilized without operational processes, organizations or
individuals obtaining permission for exploitation or utilization of irrigation
projects shall have the burden of preparing their operational processes for
submission to relevant regulatory authorities to apply for approval of these
processes;
c) With respect to irrigation projects that are
currently exploited or utilized in conformity with outdated operational
processes, individuals obtaining permission for exploitation or utilization of
irrigation projects shall have the burden of revising their operational
processes and submitting revised processes to relevant regulatory authorities
to apply for their approval of these processes.
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a) The Ministry of Agriculture and Rural Development
approves and releases the processes for operation of irrigation projects
managed by itself;
b) The provincial-level People’s Committee approves
or vests the district-level People’s Committee with delegated authority to
approve or release the processes for operation of irrigation projects that fall
under its remit, except those specified by Point a of this Clause and Clause 4
of this Article.
4. Organizations or individuals obtaining
permission for direct exploitation or utilization small-scale irrigation
projects shall have the burden of establishing and releasing operational
processes on their own.
5. The Minister of Agriculture and Rural
Development shall provide detailed regulations of this Article.
Article 25. Operation and
utilization of irrigation projects for agricultural production purposes
1. Irrigation projects for the purpose of
irrigation and water drainage for concentrated rice monocropping fields shall
be operated proactively and in a manner that water volume and quality must be
assured, and advanced, modern, cost-efficient and effective technical
procedures for agricultural production must be applied.
2. Irrigation works or facilities for irrigation or
water drainage of upland crops shall be operated in conformity with the
following requirements:
a) Crop irrigation and water drainage are carried
out in a proactive manner, water volume and quality are assured, and advanced,
modern, cost-efficient and effective technical procedures for agricultural
production are applied for concentrated cropping areas or cropping areas where
rice cultivation fields are converted into upland crop cultivation fields;
b) High and advanced technologies are applied;
irrigation technologies appropriate for specific crops are used for saving of
water; advanced irrigation practices are duly combined with advanced cropping
methods.
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a) Water supply and drainage systems get ready for
use and meet advanced and modern technical procedures for aquacultural
production at intensive aquaculture concentrated areas;
b) Volume and quality of water supplies meet
regulations applied for intensive aquaculture concentrated areas;
c) High and advanced technologies are applied for
supply and utilization of water for aquacultural production purposes.
4. Operation and utilization of irrigation projects
for crop irrigation, supply and drainage of water for other agricultural
production purposes shall conform to requirements that water volume and quality
must be assured, water must be used in an efficient and effective manner, and
demands of different classes of water consumers must be satisfied.
Article 26. Operation of
irrigation projects in case of drought, water shortage, saltwater intrusion,
flood, inundation or waterlogging
1. Managers of irrigation projects shall be
responsible for establishing the plan for response to drought, water shortage,
saltwater intrusion, flood, inundation or waterlogging that may occur within
localities where these projects are located.
2. In case of drought, water shortage, saltwater
intrusion, flood, inundation or waterlogging that may occur, irrigation
projects shall be operated subject to the following provisions:
a) Operate under the decision issued by relevant
competent authorities in charge of irrigation;
b) In case of drought or water shortage
emergencies, supply of water for personal and domestic uses and urgent agricultural
demands shall be prioritized;
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d) In case of flood, inundation or waterlogging
emergencies, safety for irrigation projects during their operation shall be
assured, and other actions to respond to such emergencies must be taken to
mitigate loss of life and property.
Article 27. Operation of dams
and reservoirs
1. Organizations or individuals obtaining
permission for exploitation of dams and reservoirs shall assume the following
responsibilities:
a) Operate them in conformity with reservoir or
inter-reservoir operation processes approved by relevant regulatory
authorities;
b) Consult hydro-meteorological forecasts,
specialized hydro-meteorological observation data and other relevant
information to predict and operate reservoirs in response to practical
situations to match water consumption and dam safety demands;
c) Regularly make an inventory of water resources
retained in reservoirs, and a forecast of drought, water shortage and saltwater
intrusion for water retention and storage; at the end of the rainy season, make
an inventory of water resources remaining in reservoirs and irrigation systems
with the aim of establishing the plan for regulation, supply and consumption of
water;
d) In case of drought, water shortage, saltwater
intrusion, flood, inundation or waterlogging emergencies, operate single
reservoirs or interconnected multiple reservoirs under the decision issued by
state regulatory authorities having competency in irrigation issues.
2. Managers of dams or reservoirs shall be
responsible for directing, conducting inspection and supervision of, and compliance
with reservoir or inter-reservoir operational processes approved by state
regulatory authorities.
Article 28. Operation of
hydropower reservoirs or operation of interconnected multiple reservoirs for
water uses
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a) Cope with water consumption demands arising
downstream of reservoirs; prefer supplying water for personal, domestic uses
and agricultural production purposes;
b) Proactively make a projection about water supply
capacity and develop approaches to regulating water under normal or abnormal
weather conditions with due account taken of the climate change factor.
2. Single reservoir or interconnected multiple
reservoirs for water uses shall be operated in conformity with operational
processes approved by state regulatory authorities and the following
requirements:
a) Regularly make an inventory of water retained in
reservoirs and a forecast of drought, water shortage and saltwater intrusion in
order to establish the plan for retention, storage, regulation and distribution
of water used for meeting water consumption demands of downstream of
reservoirs;
b) In case of drought or water shortage emergency,
the residual volume of water inside reservoirs shall be used to meet personal,
domestic, agricultural production and other pressing demands;
c) Consult hydro-meteorological forecasts,
specialized hydro-meteorological observation data and other relevant
information to predict and operate reservoirs where relevant to practical
situations to match water consumption demands and downstream currents;
d) In case of drought, water shortage, saltwater
intrusion, flood, inundation or waterlogging emergencies, operate single
reservoirs or interconnected multiple reservoirs under the decision issued by
state regulatory authorities.
3. Operation of hydropower reservoirs that are run
under the day-based regulating system shall ensure normal operation of
irrigation projects located downstream thereof.
4. Prior to carrying out water release,
organizations or individuals shall take responsibility for notifying local and other
relevant authorities in conformity with the operational processes approved by
state regulatory authorities.
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IRRIGATION SERVICES OR
UTILITIES
Article 29. Irrigation service
activities
1. Irrigation service refers to provision and use
of irrigation products and services between organizations or individuals
supplying irrigation products or services and those obtaining permission for
consumption of irrigation products or services.
2. Participants in irrigation service activities
are managers of irrigation projects; organizations or individuals obtaining
permission for exploitation and utilization of irrigation projects;
grassroots-level irrigation institutions; organizations or individuals
obtaining permission for use of irrigation products or services.
3. Supply and consumption of irrigation products or
services shall take the following forms:
a) An agreement is entered into between
organizations or individuals supplying irrigation products or services and
those consuming irrigation products or services;
b) Grassroots-level irrigation institutions
directly supply irrigation products or services to meet demands of their
members or other organizations or individuals.
Article 30. Classification of
irrigation products or services
1. Irrigation products or services shall include
public irrigation products or utilities and other products or services.
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a) Crop irrigation and supply of water for the
salt, aquaculture and livestock production industry;
b) Drainage of water for agricultural production,
rural and metropolitan areas, except for urban areas;
c) Flood proofing, escape and prevention, high tide
control, saltwater intrusion prevention, saltwater pushback, water desalinization,
counter-acidification and freshwater protection.
3. Other irrigation products or services shall
include the following activities:
a) Supply of water for domestic and industrial
consumption purposes;
b) Drainage of water for industrial parks, export
processing zones, economic zones and high technology parks;
c) Electricity generation;
d) Business, tourism and other recreational and
entertainment activities;
dd) Reservoir aquaculture;
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4. The Government shall make a decision on
supplementary types of public irrigation products and utilities, and other
products and services, where relevant to socio-economic situations over time
periods.
Article 31. Bases for supply
and use of irrigation products or services
1. Functions of irrigation projects.
2. Capability of supplying irrigation products or
services.
3. Production plans of organizations or individuals
obtaining permission for use of irrigation products and services.
Article 32. Contracts for
supply of irrigation products or services
1. Contract for supply of irrigation products or
services refers to a fixed-term civil agreement expressed in writing, including
the following main contents:
a) Contracting parties;
b) Purposes of irrigation products or services;
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d) Rights and obligations of contracting parties;
dd) Duration, location and method of execution of
contracts;
e) Contract value, method and duration of payment;
g) Contract termination terms and conditions;
h) Liabilities for breach of contract;
i) Methods of dispute resolution.
2. Based on agreed supply capability, purposes of
and demands for these products and services, the supplier and consumer of
irrigation products and services shall conclude and execute contracts in
accordance with applicable laws.
Article 33. Point of delivery
and reception of irrigation products or services
1. Point of delivery and reception of irrigation
products and services refers to a position where an irrigation product and
service is transferred from organizations or individuals supplying irrigation
products or services to those obtaining permission for use or consumption of
irrigation products or services.
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3. The Minister of Agriculture and Rural Development
shall provide detailed regulations of this Article.
Article 34. Rules and bases
for valuing irrigation products or services
1. The Government shall determine value of
irrigation product or service.
2. Valuation of irrigation product or service shall
be carried out in accordance with price laws and the following provisions:
a) Price of irrigation product or service shall be
composed of operation and maintenance cost, amortization cost, other reasonable
actual costs and profit relevant to the market price. Over periods of time,
depending on socio-economic situations, the Minister of Finance shall decide
the amortization cost charged for state-funded irrigation projects;
b) Price of irrigation product or service shall be
adjusted promptly when factors in price formation are changed.
3. Bases for valuation of irrigation products or
services shall include:
a) Cost and quality of irrigation product or
service; profit level; schedule of adjustment in price of irrigation product or
service approved by competent regulatory authorities;
b) Capability of making payment by irrigation
product or service consumers;
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d) Features and types of irrigation project;
dd) Socio-economic norms for management, operation,
maintenance and investment in development of irrigation projects, adopted by
competent regulatory authorities.
Article 35. Authority to
decide the price of irrigation product and service
1. The price of irrigation product or service shall
be composed of price of public irrigation product or utility and price of other
irrigation product or service, subject to regulations set forth herein and
other relevant legislation.
2. Authority to decide the price of irrigation
product or service provided by state-funded irrigation projects shall be
subject to the following regulations:
a) Public irrigation products or utilities:
The Minister of Finance shall have authority to
decide the maximum price of public irrigation products or utilities;
The Minister of Agriculture and Rural Development
shall have authority to decide the detailed price of public irrigation products
and services within his/her jurisdiction, based on the maximum price thereof
decided by the Minister of Finance;
The provincial-level People’s Committee shall
decide the detailed price of public irrigation products and services within its
jurisdiction after obtaining approval granted by the same-level People’s
Council on the basis of the maximum price thereof decided by the Minister of
Finance.
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The Minister of Finance shall have authority to
decide the price range of other irrigation products and services;
The Minister of Agriculture and Rural Development
shall have authority to decide the detailed price of other irrigation products
and services within his/her jurisdiction, based on the price range thereof
decided by the Minister of Finance;
The provincial-level People’s Committee shall
decide the detailed price of other irrigation products and services within its
jurisdiction after obtaining approval granted by the same-level People’s
Council on the basis of the price range thereof decided by the Minister of
Finance.
3. With respect to irrigation projects financed
under the public - private partnership agreement and those that are not
financed by the non-state fund, the price of irrigation product and service
shall be determined under terms and conditions of an agreement between
contracting parties, based on the maximum price of public resource products and
utilities and the price range of other irrigation products and services, which
are decided by the Minister of Finance.
4. The Government shall specifically decide the
price of irrigation product or service and schedule of implementation of the
price of irrigation product and service.
Article 36. Financial support
for use of public irrigation products or utilities
1. Over periods of time, based on the availability
of state budget, the Government shall provide financial support for use of public
irrigation products and utilities, irrespective of the source of financing for
investment in irrigation projects.
2. Subsidies for use of public irrigation products
and utilities shall be covered by the state budget and comply with applicable
legislation on the state budget.
3. The Government shall
decide subjects, scope, rate of and method for granting financial support for
use of public irrigation products or utilities.
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1. Sources of financing for management, operation
and utilization of irrigation projects shall include the followings:
a) Revenue generated from supply of irrigation
products and services;
b) Grants or aids derived from the state budget;
c) Other legal funds.
2. Organizations obtaining permission to collect
payments for irrigation products and services shall include:
a) Managers of irrigation projects;
b) Organizations obtaining permission for
exploitation and utilization of irrigation projects.
Article 38. Use of financial
sources for management, operation and utilization of irrigation projects
1. State funds for management, operation and
utilization of irrigation projects shall be used for the following purposes:
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b) Carry out maintenance, investment in
improvement, construction, modernization of, handling and correction of any
failure or breakdown that may happen to, and marking of the boundary for
security of, irrigation projects as well as solutions to increasing
effectiveness in management and operation of irrigation projects;
c) Fulfill other purposes prescribed by applicable
laws.
2. The Minister of Finance shall provide detailed
regulations of this Article.
Article 39. Distribution of
revenue from supply of irrigation products or services
1. Rate of distribution of revenue from supply of
irrigation products or services between organizations or individuals jointly supplying
irrigation products and services within the same system of irrigation projects
shall vary depending on management and operational costs paid by each
organization or individual involved in operation of that system.
2. Rate of distribution of revenue from supply of
irrigation products or services between organizations or individuals
contributing their capital to investing in development and operation of
irrigation products and services within the same system of irrigation projects
shall vary depending on costs of management and operation of these irrigation
projects paid by each organization or individual involved in giving capital
contributions to developing and operating that system.
3. Organizations or individuals making their
capital contributions to investing in development of irrigation projects shall
pay for use of products or services of these projects.
Chapter VI
PROTECTION AND ASSURANCE
OF SAFETY FOR IRRIGATION PROJECTS
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1. Protected zone of irrigation project shall cover
main facilities and proximity thereto.
2. Activities carried out within the protected zone
of an irrigation project shall not hinder operation and safety of that
irrigation project; internal security streets and grounds for maintenance and
emergency response shall be built within such protected zone.
3. Proximity to a reservoir, including areas in
close proximity to dams and those in close proximity to reservoir beds, shall
be subject to the following provisions:
a) Proximity to a dam extends from the foot of the
dam outwards. Proximity to a special-grade, grade-I, grade-II, grade-III and
grade-IV dam shall extend at least 300 meters, 200 meters, 100 meters, 50
meters and 20 meters, respectively;
b) Proximity to a reservoir bed shall extend from
the reservoir margin with its elevation equal to the upper-end elevation
downwards.
4. Proximity to a canal shall be subject to the
following provisions:
a) With respect to canals with the flow volume
ranging from 02 m3/s to 10 m3/s, the protected zone of
compacted soil or concrete canals shall extend 02 m - 03 m or 01 m - 02 m from
the bottom of external side slope outwards, respectively;
b) With respect to canals with the flow volume
ranging from 02 m3/s to 10 m3/s, the protected zone of
compacted soil or concrete canals shall extend 02 m - 03 m or 01 m - 02 m from
the bottom of external side slope outwards, respectively.
5. Proximity to a river sluice gate shall extend 50
meters from the first gate from both left and right river bank.
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7. The provincial-level People's Committee shall
provide detailed distances of proximity for protection of other irrigation
projects located within its jurisdiction.
Article 41. Plan for
protection of irrigation projects
1. Organizations obtaining permission for
exploitation and utilization of irrigation projects shall be responsible for
setting up the plan for protection of these irrigation projects.
2. The plan for protection of irrigation projects
shall be comprised of the following information:
a) Geographical characteristics, design parameters,
floor plans and boundary lines for protection of security for construction projects;
b) Review of management, operation and utilization
of irrigation projects;
c) Reporting, regular, periodic or spontaneous
audit mechanism;
d) Regulations on restriction or prohibition of
heavy vehicles operating inside the protected zone of irrigation projects; fire
prevention and safety regulations; regulations on protection of document
storage facilities and vaults for safekeeping of explosives, inflammables and
hazardous substances;
dd) Personnel structure and assignment of project
security duties;
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g) Prevention, discovery and termination of any
encroachment or damage of irrigation projects and proximity thereof;
h) Protection and action against any emergency or
risks of emergency that may happen to irrigation projects.
3. Authority to approve the plan for protection of
irrigation projects shall be prescribed as follows:
a) The Ministry of Agriculture and Rural Development
approves the plan for protection of irrigation projects managed by itself;
b) The provincial-level People’s Committee approves
or vests the district-level People’s Committee with delegated authority to
approve the plan for protection of irrigation projects that fall within its
jurisdiction, except those specified by Point a of this Clause and Clause 4 of
this Article.
4. Organizations or individuals obtaining
permission for exploitation and utilization of small-scale irrigation projects
shall have authority to decide the plan for protection of these projects.
Article 42. Responsibilities
for protection of irrigation projects
1. In case of discovering any acts or natural
impacts likely to cause harms or threats to safety of an irrigation projects,
organizations or individuals shall promptly notify organizations or individuals
obtaining permission for exploitation and utilization of that project or the
nearest People's Committee.
2. Organizations or individuals obtaining
permission for exploitation and utilization of an irrigation project shall
assume the following responsibilities:
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b) Conduct regular inspection and audit of that
irrigation project;
c) Discover and take immediate action and propose
sanctions against violations of laws within the protected zone of that
irrigation project;
d) Examine compliance with requirements of the
license granted to organizations or individuals obtaining permission to operate
within the protected zone of that irrigation project;
dd) In case of emergency or potential risks of
emergency, actions shall be taken and reports shall be submitted to the
provincial-level People’s Committee and the Ministry of Agriculture and Rural
Development;
e) Manage dedicated supplies available for
prevention and control of natural disasters;
g) Encourage different organizations and
individuals to get involved in protection of irrigation projects.
3. The People’s Committees at all levels shall bear
the following responsibilities:
a) Direct and conduct implementation of the plan
for protection of irrigation projects that fall within their remits;
b) Mobilize personnel, supplies or equipment for
protection of irrigation projects in case of emergencies or risks of emergencies;
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d) Carry out audit of compliance with laws on
protection of irrigation projects.
4. The Ministry of Agriculture and Rural
Development shall be responsible for directing and cooperating with the
provincial-level People’s Committees in protection of irrigation projects
managed by itself.
5. The plan for protection of irrigation projects
of special importance for national security shall be conducted in accordance
with this Law and legislation on protection of irrigation projects of special
importance for national security.
Article 43. Marking of the
boundary of the protected zone of a irrigation project
1. The project investor shall be responsible for
marking the boundary of the protected zone of an irrigation project. Boundary
marking funds shall be derived from total investment outlay.
2. Organizations obtaining permission for
exploitation and utilization of irrigation projects shall be responsible for
marking the boundaries of currently active irrigation projects for their
safety. Boundary marking funds shall be derived from sources of financing for
management and operation of irrigation projects and other legitimate capital.
3. The Minister of Agriculture and Rural
Development shall provide detailed regulations of this Article.
Article 44. Allowed activities
carried out within the protected zone of irrigation project
1. Regulatory authorities shall grant the license
in order for the following activities to be carried out within the protected
zone of an irrigation project:
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b) Construction of stations or grounds for handling
of raw materials, fuels, supplies and equipment;
c) Drilling, boring or excavation for geological
survey purposes, exploration, extraction or quarrying of minerals, building
materials and exploitation of groundwater;
d) Discharge of wastewater into water bodies at
irrigation projects, except for small-scale wastewater discharge, or discharge
of wastewater that does not contain hazardous or radioactive substances;
dd) Cultivation of perennial crops;
e) Tourism, sports, scientific research, business
and service activities;
g) Activities of inland waterway equipment or motor
vehicles, except for motorcycles, mopeds or non-motorized inland watercraft;
h) Fish farming and aquaculture;
i) Blasting and other blasting activities;
k) Construction of underground structures.
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3. The Government shall adopt regulations on
authority, processes and procedures for issuance, re-issuance, revision,
suspension or revocation of the license referred to in this Article.
Article 45. Safety of dams and
reservoirs in the management or operation aspect
1. Safety for dams and reservoirs shall be given
top priority during the process of management and operation thereof.
2. Organizations or individuals obtaining
permission for exploitation and utilization of dams and reservoirs shall meet
competence requirements defined by laws and assume the following
responsibilities:
a) Operate and exploit dams and reservoirs in a
safe manner and make effective use of irrigation project;
b) Carry out procedures for registration of safety
for dams and reservoirs; take charge of preparing and revising the processes
for operation of reservoirs and the processes for operation of interconnected
multiple reservoirs; conduct dam observations and hydro-meteorological
activities; examine current conditions, inspect and assess safety for dams and
reservoirs; provide maintenance, repair, improvement and modernization of dams;
protect and assure security for irrigation projects, downstream of dams and
reservoirs; keep safe custody of documentation in accordance with laws;
c) As for dams or reservoirs built with regulating
gates, based on hydro-meteorological forecasts, they shall take proactive
approaches to regulating and reducing flood peak and flow to ensure safety for
dams and downstream thereof; prior to opening of the first sluice gate for
water release, they shall give a notification or provide information in
conformity with the processes for operation of reservoirs or the processes for
operation of interconnected multiple reservoirs which have been approved by
competent regulatory authorities;
d) In case of operation in emergency situations or
impossibility of complying with the reservoir or inter-reservoir operation
processes, they shall promptly notify natural disaster prevention and control
authorities and regulatory authorities having competence in approval of these
processes;
dd) In case any risk to dam safety arises, they
shall take urgent action to rescue dams and report to competent state
authorities, natural disaster prevention and control authorities and entities
concerned for their timely support, rescue and direction of response to such
risk;
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3. Managers of dams and reservoirs shall assume the
following responsibilities:
a) Monitor, inspect and encourage compliance of
organizations or individuals obtaining permission for exploitation and
utilization of dams and reservoirs with regulations on management of dam safety
set out in Point b Clause 2 of this Article and other regulations of related
laws;
b) Send a review report on results of assessment of
current conditions of the dam that is made by organizations or individuals
charged with management and operation of the dam to the People's Committee of
the province where the dam is situated, and the Ministry of Agriculture and
Rural Development;
c) Request owners of dams and reservoirs to cover
dam and reservoir safety costs;
d) Make a decision within their jurisdiction or
petition competent regulatory authorities to make a decision on mobilization of
personnel, equipment and supplies, and mitigation of consequences of dam or
reservoir failure or breakdown.
4. Owners of dams and reservoirs shall assume the
following responsibilities:
a) Conduct regular, spontaneous and periodic
inspection and evaluation of dams or reservoirs in accordance with laws and
regulations;
b) Provide funds to cover dam and reservoir safety
costs.
5. Before the rainy season each year, the Ministry
of Agriculture and Rural Development and the provincial-level People’s
Committee shall conduct assessment of safety of dams and reservoirs; make a
decision on the plan for retention and storage of water for reservoirs and
solutions to assuring safety for dams or reservoirs within their jurisdiction.
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Article 46. Protection of the
quality of water inside an irrigation project
1. Organizations or individuals shall be responsible
for protecting the quality of water inside an irrigation project.
2. Organizations or individuals licensed to provide
irrigation products or services shall have the burden of directly protecting
the quality of water insider an irrigation project and controlling discharge of
wastewater into that irrigation project.
3. Organizations or individuals obtaining
permission to use irrigation products or services shall be responsible for
protecting the quality of water during the process of consumption of water.
Article 47. Change of purposes
of irrigation projects
1. Change of purposes of existing irrigation
projects shall require consent from the authority that has granted approval of
investment in such projects and conformity with the approved irrigation plan.
2. The authority granting approval of change of
purposes of an irrigation project shall decide measures to assure mutual
interest between parties concerned due to change of purposes of such irrigation
project.
3. Project investors making change of purposes of
irrigation projects shall be responsible for compensating organizations or
individuals incurring any loss due to change of purposes of irrigation
projects.
Article 48. Measures to deal
with existing facilities inside the protected zone of irrigation project
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2. If existing facilities inside the protected zone
of irrigation project cause any harm to safety and capacity of irrigation
projects, mitigation measures shall be required; in case of impossibility of
taking such measures, they shall be demolished or relocated.
3. The provincial-level People's Committee shall
direct the district-level People’s Committees, commune-level People’s
Committees and other organizations or individuals obtaining permission for
exploitation and utilization of irrigation projects to prepare the plan and
carry out demolition or relocation of these facilities as prescribed by Clause
2 of this Article.
Chapter VII
SMALL-SCALE AND
INTER-FIELD IRRIGATION PROJECTS
Article 49. Requirements
concerning development of small-scale and inter-field irrigation projects
1. Align with irrigation and related plans which
have been approved.
2. Ensure that infrastructure facilities of
small-scale and inter-field irrigation projects meet requirements that
irrigation and drainage technologies are advanced, modern, synchronous, closed
and match a variety of agricultural demands; proactive actions are taken to
drain water for production and domestic purposes.
3. Apply advanced and water-efficient technologies
and technical solutions, and prevent any water loss occurring during the
process of construction, management and operation of irrigation projects.
4. Organizations or individuals obtaining
permission for use of irrigation products or services shall be charged with
investing in development of small-scale and inter-field irrigation projects.
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1. Grassroots-level irrigation institutions
obtaining permission for management and operation and utilization of
small-scale and inter-field irrigation projects shall include:
a) Cooperatives;
b) Artels.
2. Grassroots-level irrigation institutions
referred to in Clause 1 of this Article shall be authorized to establish and
operate in accordance with laws and regulations on cooperatives, civil laws and
rules or statutes ratified by majority of an organization, and certification by
the commune-level People's Committee; all of consumers of irrigation products
or services shall be members of grassroots-level irrigation institutions.
3. Grassroots-level irrigation institutions shall
be given options of either directly managing, operating, exploiting, or
designating other organizations or individuals to manage, operate or exploit
small-scale and inter-field irrigation projects.
4. If grassroots-level irrigation institutions have
sound competence, unions of grassroots-level irrigation institutions shall be
established to acquire transferred authority over the water channeling and
transfer system connected to the system of inter-field irrigation projects.
5. The People’s Committees of communes where
grassroots-level irrigation institutions, referred to in Clause 1 of this
Article, have not been established yet, shall take over responsibilities
assigned these grassroots-level irrigation institutions.
6. The Minister of Agriculture and Rural
Development shall provide detailed regulations of this Article.
Article 51. Budget for
operation of small-scale and inter-field irrigation projects
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a) Contributions given by organizations or
individuals obtaining permission for use of irrigation products and services;
b) Subsidies from the Government;
c) Investments put by other organizations or
individuals.
2. The Government’s subsidies, referred to in Point
b Clause 1 of this Article, shall be disbursed through grassroots-level
irrigation institutions.
3. Members of a grassroots-level irrigation institution
shall approve the level of contribution to that institution according to the
majority rule and the principle of calculation of correct and sufficient funds.
4. The Government shall provide regulations on
development of small-scale and inter-field irrigation projects.
Article 52. Transfer and
withholding of the right to manage and operate state-invested small-scale and
inter-field irrigation projects
1. Transfer and withholding of the right to manage
and operate state-invested small-scale and inter-field irrigation projects
shall be decided by owners of these projects and ensure compliance with laws
and regulations on management and use of public assets.
2. Grassroots-level irrigation institutions as
transferees of the right to manage and operate state-invested small-scale and
inter-field irrigation projects shall implement rights and obligations subject
to decisions issued by owners of these projects or under contracts with
competent regulatory authorities.
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Chapter VIII
RIGHTS AND
RESPONSIBILITIES OF ORGANIZATIONS OR INDIVIDUALS FOR IRRIGATION OPERATIONS
Article 53. Rights and responsibilities
of organizations or individuals for irrigation operations
1. Consume irrigation products or services under
the provisions of this Law and other relevant legislation.
2. Contribute opinions on irrigation operations in
accordance with laws.
3. Invest in development, construction, management,
operation, utilization and protection of irrigation works or facilities.
4. Take part in oversight of irrigation operations
carried out by authorities, entities or individuals.
5. Participate in programs for dissemination,
communication and promotion of awareness of legal knowledge about irrigation
matters.
6. Get involved in dealing with any failure or
breakdown that may happen to irrigation projects due to consequences of natural
disasters under the personnel arrangement decision granted by competent
regulatory authorities.
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Article 54. Rights and
responsibilities of organizations or individuals obtaining permission for
operation and utilization of irrigation projects
1. Have rights and responsibilities specified in
Article 53 hereof.
2. Use assigned resources to increase capability of
supplying irrigation products and services in accordance with laws; hold the
right to collect payments for supply of irrigation products and services as
agreed upon in contracts.
3. Decide, at their discretion, the portion of
profit earned from supply of other irrigation products and services after
discharge of tax obligations to the State Budget.
4. Draw up and conduct implementation of business
plans and plans for supply of irrigation products and services. It is
obligatory for them to conduct an opinion poll on, and notify organizations or
individuals obtaining permission for use of irrigation products and services
of, the plan for supply of irrigation products and services.
5. Carry out tasks of management, operation and
utilization of irrigation projects as specified by Article 20 hereof.
6. Manage and utilize land pieces that belong to the
protected zone of irrigation project in accordance with laws.
7. Operate irrigation works or facilities according
to assigned duties and operational processes approved by competent state
authorities.
8. Protect irrigation projects; prevent and take action
against any encroachment upon or damage to irrigation projects.
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10. Make a request to relevant competent
authorities to grant their approval and execute the plan for response to
natural disasters and the plan for protection of irrigation projects in
accordance with this Law.
11. Petition the People’s Committees at all levels
governing local jurisdictions where irrigation projects are located to take
necessary action to protect and assure safety for these projects in the event
that any encroachment or emergency risk arises.
12. Request owners of irrigation projects to
provide funds for maintenance, improvement, construction, modernization and
handling of failures or breakdowns of irrigation projects in accordance with
this Law and other regulations of relevant laws.
13. Send a petition to competent state authorities
or file a lawsuit to the Court to deal with failure of organizations or
individuals to pay for their use of irrigation products and services, and
resolve any contract-related disputes.
14. Guide, strengthen and develop grassroots-level
irrigation institutions; create opportunities for consumers of irrigation
products and services to get involved in drawing up the plan for management and
operation and the plan for protection of irrigation project.
15. Provide support for consumers of irrigation
products and services for conversion into cultivation of crops of high economic
value, and use of advanced and water-efficient irrigation technologies.
16. Unilaterally terminate supply of irrigation
products and services in case there is any risk to safety of irrigation
projects or water does not meet required standard; consumers of irrigation
products or services do not pay for use of these products or services, or
commit any violation against other contractual terms and conditions, or as
decided by competent regulatory authorities.
17. File a petition, bring an action and pay
compensation for any loss or damage arising in accordance with laws.
Article 55. Rights and
responsibilities of organizations or individuals obtaining permission for use
of irrigation products and services
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2. Enter into irrigation service contracts and implement
contractual terms and conditions; use water economically, effectively and
efficiently.
3. Request organizations or individuals obtaining
permission for management and operation of irrigation projects to publish the
plan for supply of irrigation products or services.
4. Get involved in drawing up the plan for
operation and the plan for protection of irrigation works or facilities.
5. Engage in protection of irrigation projects and
water quality during the process of using irrigation products or services.
6. Get involved in actions to respond to and
correct any failure or breakdown that may happen to irrigation projects under
the decision issued by competent authorities.
7. Mitigate consequences upon the request of
organizations or individuals providing irrigation products or services in case
any failure or breakdown or water pollution occurs.
8. File a petition, bring an action and pay
compensation for any loss or damage arising in accordance with laws.
Chapter IX
RESPONSIBILITIES FOR
STATE IRRIGATION MANAGEMENT
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1. The Government shall establish a consistent
structure of state irrigation management across the nation.
2. The Ministry of Agriculture and Rural Development
shall play a central role in assisting the Government in carrying out state
irrigation management and assume the following responsibilities:
a) Release within its jurisdiction or request
competent authorities to release and conduct implementation of strategies,
plans, proposals and regulatory policies and legislative documents relating to
irrigation matters;
b) Establish national standards, release national
technical regulations, and socio-economic norms for irrigation operations; take
charge of establishing and approving the processes for operation of irrigation
projects within its jurisdiction;
c) Direct regulation and distribution of water and
conduct formulation of plans for use of water within the system of irrigation projects
for domestic, agricultural production and other economic activity purposes;
lead and cooperate with the Ministry of Industry and Trade in regulation of
water within hydropower reservoirs for water uses in case of drought, water
shortage or saltwater intrusion;
d) Contribute opinions on strategies and plans for
development of national industries and other proposals related to irrigation
operations;
dd) Direct, provide guidance on and inspect
conformity with requirements concerning prevention, control and mitigation of
consequences resulting from droughts, water shortages, saltwater intrusions,
desertification, floods, inundation and waterlogging;
e) Conduct dedicated hydro-meteorological
observations, forecasts and warnings of drought, water shortage, saltwater
intrusion, desertification, flood, inundation, aggradation, soil corrosion or
landslide affecting irrigation works and facilities, river banks or seacoasts;
volume and quality of water inside irrigation projects for agricultural
production, personal and domestic and other economic activity purposes;
g) Issue, re-issue, renew, revise, suspend and
revoke licenses to carry out activities within protected zones of irrigation
projects;
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i) Coordinate the management, exploitation,
operation and protection of irrigation projects within its jurisdiction; manage
safety for dams and reservoirs;
k) Organize the statistics, establishment and
management of irrigation database; short-term, long-term and medium-term
forecast of water used for irrigation operations and other water uses;
l) Organize the inventory of water inside
irrigation projects and a forecast of drought, water shortage and saltwater
intrusion in order to set up the plan for retention, storage, regulation,
distribution and use of water;
m) Coordinate the scientific research and
application of advanced water technologies; provide training sessions and
professional and skill development courses for participants in irrigation
operations;
n) Administer and distribute subsidies for use of
public irrigation products or utilities to organizations or individuals
obtaining permission for operation and utilization of irrigation projects that
fall under its authority;
o) Organize the dissemination, communication and
promotion of public awareness of irrigation matters;
p) Audit and take action against violations of
laws, and handle any complaint or accusation related to irrigation matters;
r) Act as a focal point of international
cooperation in irrigation operations.
3. Ministries and Ministry-level agencies shall,
within their assigned duties and jurisdictions, take responsibility for
cooperating with the Ministry of Agriculture and Rural Development in carrying
out state management of irrigation operations.
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1. The provincial-level People’s Committees shall,
within their assigned duties and powers, bear the following responsibilities:
a) Release within its jurisdiction or request
competent authorities to release legislative documents relating to irrigation
matters;
b) Coordinate the establishment, approval, release
and implementation of irrigation plans; approve and coordinate the implementation
of plans and projects for construction of irrigation works or facilities;
c) Coordinate the management, operation and
utilization of irrigation projects;
d) Assure sufficient budget for investment in
development, construction, management, operation, utilization and protection of
irrigation works or facilities;
dd) Administer and distribute subsidies for use of
public irrigation products or utilities to organizations or individuals
obtaining permission for operation and utilization of irrigation projects that
fall under its authority;
e) Coordinate the statistics, establishment and
management of the irrigation database; a forecast of water used for irrigation
and other demands; an inventory of water inside irrigation projects and a
forecast of drought, water shortage and saltwater intrusion in order to draw up
the plan for regulation and distribution of water for personal, domestic and
agricultural production purposes within provinces;
g) Coordinate the public communication and
promotion of public awareness of irrigation laws;
h) Issue, re-issue, renew, revise, suspend and
revoke licenses or permissions to carry out activities within protected zones
of water resource projects;
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k) Send a periodic review report on irrigation
operations to the Minister of Agriculture and Rural Development.
2. The district-level People’s Committees shall,
within their assigned duties and powers, bear the following responsibilities:
a) Coordinate the execution of legislative
documents on irrigation;
b) Coordinate the implementation of irrigation
development plans and schemes;
c) Direct activities performed by organizations or individuals
obtaining permission for management, operation or exploitation of irrigation
projects;
d) Conduct the statistics, establishment and
management of irrigation database;
dd) Coordinate the public communication and
promotion of public awareness of irrigation laws;
e) Direct competent authorities to collaborate in
inspection of compliance with activity requirements specified in licenses or
permissions to carry out activities within protected zones of irrigation
projects;
g) Make periodic and spontaneous reports on
irrigation operations carried out within districts;
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3. The commune-level People’s Committees shall,
within their assigned duties and powers, bear the following responsibilities:
a) Coordinate the irrigation development under
irrigation plans approved by competent authorities;
b) Coordinate the performance of duties assigned
grassroots-level irrigation institutions in case they have not been established
yet;
c) Mobilize resources available within communes to
take necessary action in case of emergencies occurring within irrigation
projects in accordance with laws;
d) Cooperate with specialized affiliations of the
district-level People's Committees in directing activities performed by
organizations or individuals obtaining permission for management, operation and
protection of irrigation projects located within communes;
dd) Carry out the public communication of and the
education about irrigation laws;
e) Inspect compliance with activity requirements
specified in licenses or permissions to carry out activities within protected
zones of irrigation projects;
g) Make periodic and spontaneous reports on
irrigation operations carried out within communes;
h) Investigate and resolve any irrigation-related
complaint or accusation, and prevent and take action against violations of
irrigation laws.
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IMPLEMENTARY PROVISIONS
Article 58. Revision and
supplementation of Clause 1 Article 73 of the Law on Water Resources No.
17/2012/QH13
Clause 1 Article 73 of the Law on Water Resources
No. 17/2012/QH13 shall be revised and supplemented as follows:
“1. The Ministry of Natural Resources and
Environment and the provincial-level People’s Committees shall issue, re-issue,
renew, revise, suspend and revoke water resource licenses or permissions,
except for discharge of wastewater that will be subject to regulations of the
Law on Irrigation."
Article 59. Entry into force
1. This Law shall commence on July 1, 2018.
2. The Ordinance on Exploitation and Protection of
Irrigation Projects No. 32/2001/PL-UBTVQH10 shall terminate on the date of
entry into force of this Law.
Article 60. Transitional
provision
Use of licenses or permissions in the irrigation
field already granted prior to the date of this Law's entry into force and
remaining unexpired shall be continued until expiration.
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THE NATIONAL
ASSEMBLY’S CHAIR
Nguyen Thi Kim Ngan