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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 143/2003/ND-CP
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Hanoi, November 28, 2003
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DECREE
DETAILING THE IMPLEMENTATION OF A
NUMBER OF ARTICLES OF THE ORDINANCE ON EXPLOITATION AND PROTECTION OF
IRRIGATION WORKS
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the Water Resources Law of May 20, 1998;
Pursuant to the April 4, 2001 Ordinance on Exploitation and Protection of
Irrigation Works;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.-
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2. The sanctioning of
administrative violations in the field of exploitation and protection of
irrigation works; the bracket of charge rates for waste water discharge into
irrigation works; the functions, tasks, powers and organizational apparatus of
the specialized irrigation work exploitation and protection inspectorate shall
be governed by separate regulations of the Government.
Article
2.-
1.
The irrigation work-exploiting State enterprises conduct public-utility and
production as well as business activities under the provisions of this Decree,
the State Enterprise Law and other law provisions.
2. Water-using
cooperative organizations exploit and protect irrigation works under the
provisions of this Decree, the Civil Code, the Cooperative Law and other law
provisions.
Article
3.- The exploitation and general use of
irrigation works prescribed in Clause 5, Article 3 of the Ordinance on
Exploitation and Protection of Irrigation Works are specified as follows:
1. The irrigation
works are exploited and fully used in service of daily life, agricultural
production, forestry, industry, mineral exploitation, electricity generation,
communications and transport, aquaculture, salt production, sports,
entertainment, tourism, convalescence, scientific research and for other
purposes.
2. The exploitation
and integrated use of irrigation works must comply with the plannings, plans,
procedures, process, technical criteria, the provisions of this Decree and the
provisions of relevant legislation;
3. Organizations and
individuals wishing to provide services on exploitation and use of irrigation
works for the purposes mentioned in Clause 1 of this Article must sign
contracts with organizations or individuals directly managing the irrigation
works already decided by the competent State management agencies.
Article
4.- The criteria of irrigation works and
systems of important national irrigation works comply with the provisions in
Clause 7, Article 3 of the Ordinance on Exploitation and Protection of
Irrigation Works, including:
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2. Water reservoirs
have the capacity of between 1,000,000 m3 (one million cubic meters) and
1,000,000,000 m3 (one billion cubic meters) but lie within concentrated
population areas or regions where exist defense or security works.
The Minister of
Agriculture and Rural Development shall prescribe the list of water reservoirs
defined in Clause 2 of this Article.
Article
5.- The State prioritizes investment in,
and support for, repair and upgrading of irrigation works in service of
daily-life water supply, flooding and drought prevention and combat; scientific
and technological, equipment renovation in service of the management of the
exploitation and protection of irrigation works.
Chapter
II
EXPLOITATION
OF IRRIGATION WORKS
Article
6.- The assignment of irrigation works
to water-using cooperative organizations or individuals under the provisions in
Article 10 of the Ordinance on Exploitation and Protection of Irrigation Works
must comply with the following principles:
1. Determining
accurately the value of the property at the time of assignment;
2. The exploitation
and protection management must comply with the provisions in Article 3 of the
Ordinance on Exploitation and Protection of Irrigation Works;
3. The persons in
charge of technical matters must have certificates of irrigation operation,
granted by training establishments of the agriculture and rural development
service or the intermediate vocational training diploma (in water resource) or
higher level;
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Basing themselves on
the practical conditions of their respective localities, the
provincial/municipal People's Committees (hereinafter referred collectively to
as the provincial-level People's Committees) shall specify the assignment of
irrigation works to cooperative organizations using water or individuals for
management, exploitation and protection.
Article
7.- The State enterprises which exploit
irrigation works, apart from performing the tasks prescribed in Article 17 of the
Ordinance on Exploitation and Protection of Irrigation Works, also have to
perform the following tasks:
1. To register their
business and conduct business strictly according to registered business lines;
take responsibility before the State for their business activities and before
the customers and law for the products and services provided by the
enterprises.
2. To efficiently use,
preserve and develop capital assigned by the State, including capital invested
in other enterprises (if any); to efficiently manage and use natural resources,
land and other resources assigned to the enterprises by the State.
To use capital and
resources assigned by the State for the attainment of business objectives and
the performance of other tasks assigned by the State.
3. To use capital,
funding and resources assigned by the State for the provision of products or
public-utility services for subjects according to the price or charge brackets
prescribed in Article 19 of this Decree;
4. To work out
production and business plans compatible with the State-assigned tasks and
market demands. The annual plans on public-utility activities must be approved
by competent State agencies;
5. To fulfill
obligations towards laborers as provided for by the Labor Code, ensuring the
laborers' participation in the management of enterprises;
6. To observe the
State's regulations on protection of natural resources, environment, national
defense and security;
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8. To submit to the
inspection by competent State management agencies; to observe the inspection
regulations of the finance bodies and competent State agencies according to law
provisions;
9. To strictly observe
the regimes and regulations on management of capital, assets and funds; on
book-keeping, accounting, auditing and other regimes prescribed by the State;
to be responsible for the truthfulness and legality of the enterprises'
financial activities;
10. To publicize
annual financial statements and information for correct and objective
evaluation of the enterprises' operations.
11. In business
operations, to fulfill the obligations to pay taxes and other State budget
remittances as provided for by law.
12. In cases where
public-utility enterprises conduct business activities, separate accounting
must be conducted under the provisions of law.
Article
8.- The irrigation work- exploiting
State enterprises, apart from the rights prescribed in Article 18 of the
Ordinance on Exploitation and Protection of Water Works, shall also be entitled
to enjoy the following rights:
1. For public-utility
activities:
a) To organize their
apparatuses suitable to the objectives and tasks assigned by the State;
b) To renovate
technologies and equipment with capital sources brought about by business
activities;
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d) To formulate and
apply labor and supply norms, wage unit price on product unit within the
frameworks of norms and unit prices set by the State;
dd) To recruit, hire
seasonal laborers, to arrange, employ and train laborers, to select forms of
payment of wages, bonuses and other interests by employers under the provisions
of the Labor Code and other law provisions; to decide on levels of wages and
bonuses for laborers on the basis of the wage unit price on product unit or
service charges and efficiency of the enterprises' operations;
e) To use the assigned
resources for organizing additional business activities under law provisions,
but without affecting the fulfillment of principal objectives and the
performance of main tasks of public-utility activities assigned to the
enterprises by the State;
g) To make investment,
enter into joint ventures or cooperation, to contribute stock capital under law
provisions when so permitted by competent State bodies.
2. For business
activities:
a) To exercise the
rights prescribed at Points a, b, c, d and e, Clause 1 of this Article;
b) To engage in
production and business lines compatible with the objectives and tasks assigned
by the State; to expand business scale according to the enterprises' capability
and market demands; to conduct additional business in other lines permitted by
competent State bodies;
c) To make investment,
to enter into joint ventures or cooperation, to contribute stock capital
according to law provisions.
Article
9.- Water-using cooperative
organizations exercise the rights and perform the tasks, prescribed in Articles
17 and 18 of the Ordinance on Exploitation and Protection of Irrigation Works
as well as other rights and obligations prescribed by this Decree, the Civil
Code, the Cooperative Law and other law provisions.
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1. To exercise the
rights specified in Clauses 2, 5, 7 and 8, Article 18 of the Ordinance on
Exploitation and Protection of Irrigation Works;
2. To perform the tasks
defined in Article 17 of the Ordinance on Exploitation and Protection of
Irrigation Works;
3. To exercise the
rights and perform the obligations prescribed by the legislation on
enterprises.
Article
11.- The subjects allocated funding
under the provisions in Article 13 of the Ordinance on Exploitation and
Protection of Irrigation Works shall apply only to the water work- exploiting
State enterprises and water-using cooperative organizations, which manage,
exploit and protect the irrigation works built with the State budget or sources
originating from the State budget.
Article
12.-
The
subjects and scope of application of the funding allocation prescribed in
Clauses 1 and 2, Article 13 of the Ordinance on Exploitation and Protection of
Irrigation works are specified as follows:
1. Subjects entitled
to funding allocation are irrigation work-exploiting State enterprises and
water-using cooperative organizations which use mechanical pumps to conduct
water irrigation and drainage in service of agricultural production.
2. The allocation of
funding for water pumping to prevent and combat flooding and the allocation of
funding for water pumping against droughts in excess of the norms shall only
apply to pumping stations built under planning or pumping stations built to add
to the operation according to the process approved by competent State bodies
and mobile pumping stations included in the plans on flooding and drought
prevention and combat;
3. Funding provided
for water pumping against flooding only aims to pay for electricity, petrol and
oil for the operation of mechanical pumps to combat flooding;
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The Ministry of
Agriculture and Rural Development shall guide the elaboration of electricity,
petrol and oil norms for water pumping against droughts as prescribed in Clause
3 of this Article.
Article
13.-
1.
Annually, the subjects eligible for funding allocation as provided for in
Clause 1, Article 12 of this Decree must elaborate plans on allocation of
funding for flooding and drought prevention and combat, which are included in
their production and business plans and submit them to the competent State
bodies for approval as provided for in Article 17 of this Decree.
2. The elaboration of
plans on flooding and drought prevention and combat must take into account the
demands for installation of reserve mobile pumping stations which are permitted
to operate only in case of emergency in flooding or droughts which go beyond
the capacity of fixed pumping stations and the service scope and acreage as
well as electricity, petrol and/or oil consumption norms of each pumping
station must be clearly determined.
3. The Ministry of
Agriculture and Rural Development assumes the prime responsibility and
coordinates with the concerned ministries, branches and provincial-level People's
Committees in summing up the funding estimates for flooding and drought
prevention and combat, report them to the Prime Minister and send them to the
concerned ministries and branches;
4. The Ministry of Finance
assumes the prime responsibility and coordinates with the Ministry of Planning
and Investment and the Ministry of Agriculture and Rural Development in
considering and arranging funding for flooding and drought prevention and
combat in the local budget reserves and the central budget and submit them to
the Government for approval together with the annual budget estimates;
5. In case of natural
disasters, if the expenses for electricity, petrol and oil for flooding and/or
drought prevention and combat exceed the annual normal levels and the
irrigation service charges are under-collected due to the prescribed charge
exemption or reduction for water-using households, the irrigation work-managing
and/or exploiting units shall be subsidized from the provincial-level budget
reserve sources, for locally-run units, or from the central budget reserve
sources, for centrally-run units.
In cases where the
local budgets, after the budget rearrangement, the use of reserve or financial
reserve funds, are still insufficient, the provincial-level People's Committees
shall report such to the Prime Minister for consideration and decision on the
additional allocations from the central budget.
Article
14.- The management and operation of
pumping stations eligible for funding allocation under the provisions in
Clauses 1 and 2, Article 13 of the Ordinance on Exploitation and Protection of
Irrigation Works must ensure:
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2. The full recording
in operation books according to technical process;
3. The installation of
electricity meters at the pumping stations in service of water pumping against
flooding and/or droughts separately from the additional charges in service of
other purposes;
4. Machinery,
equipment, stations and canals, water-conducting and-draining canals must be
repaired, well maintained and ready for operation with high efficiency.
Article
15.- The process of considering and
allocating funding for flooding and drought prevention and combat under the
provisions in Clauses 1 and 2, Article 13 of the Ordinance on Exploitation and
Protection of Irrigation Works shall be effected as follows:
1. Basing themselves
on the use demands for electricity, petrol and oil in the approved plans for
flooding and/or drought prevention and combat, the irrigation work-exploiting
State enterprises and water-using cooperative organizations shall elaborate
funding advance estimates for each production harvest and submit them to the
competent State bodies prescribed in Article 17 of this Decree for approval,
and shall be advanced with 30% of the approved funding estimates at the beginning
of each crop season;
2. At the end of each
production harvest, the irrigation work- exploiting State enterprises and the
water-using cooperative organization must make reports evaluating the situation
of water pumping in service of flooding and drought prevention and combat and
the electricity, petrol and oil volumes already consumed, and submit them to
the competent State bodies prescribed in Article 17 of this Decree for
approval, which shall serve as basis for settlement of the entire funding already
used.
Article
16.- The allocation of funding for
irrigation work- exploiting State enterprises and/or water-using cooperative
organizations to offset irrigation charge revenue/losses due to crop failures
as provided for in Clause 4, Article 13 of the Ordinance on Exploitation and
Protection of Irrigation Works is specified as follows:
1. In cases where
natural disasters cause crop failure, productivity and output losses and the
water users request irrigation charge exemption or reduction, the irrigation
work-exploiting State enterprises and/or water-using cooperative organizations
shall have to report thereon to the competent agencies prescribed in Article 17
of this Decree for setting up the field inspection teams with the participation
of representatives of the local administrations, or water users,
representatives of farming, statistical, planning and finance sectors.
The field inspection
teams shall consider and evaluate the damage extents and make written reports
thereon to the competent State bodies prescribed in Article 17 of this Decree
for consideration and issuance of decisions on the allocation of funding to
cases of irrigation charge revenue losses.
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The irrigation charges
shall be exempt or reduced at the following levels:
a) Reduction of 50% of
the irrigation charges for loss of under 30% of the output;
b) Reduction of 70% of
the irrigation charges for loss of between 30% and 50% of the output;
c) Exemption of the
irrigation charges for loss of 50% of the output or higher.
3. Funding allocated
to cases of irrigation charge revenue losses due to crop failure caused by
natural disasters shall be taken from annual budget for natural disaster
prevention and combat, prescribed in Clause 5, Article 13 of this Decree for
allocation to irrigation work-exploiting State enterprises and/or water-using
cooperative organizations.
Article
17.- Competence to approve plans and
settlement of funding for flooding and drought prevention and combat, the
allocation of funding for cases of irrigation charge revenue losses due to crop
failure caused by natural disasters is stipulated as follows:
1. The Ministry of
Agriculture and Rural Development approves the plans and settlement of funding
for the irrigation work-exploiting enterprises under the Ministry;
2. The
provincial-level People's Committees approve the plans and settlement of
funding for irrigation work-exploiting State enterprises run by provinces or
districts.
In cases where
irrigation work-exploiting State enterprises serve many provinces but do not
belong to the Ministry of Agriculture and Rural Development, the
provincial-level People's Committees which directly manage such enterprises are
competent to approve the plans and funding settlement at the requests of the
system-managing councils.
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Article
18.- The allocation of funding for
restoration of irrigation works destroyed by natural disasters under the
provisions in Clause 5, Article 13 of the Ordinance on Exploitation and
Protection of Irrigation Works is stipulated as follows:
1. In cases where
force majeure natural disasters damage works and work items in the system, the
irrigation work-exploiting State enterprises and/or water-using cooperatives
shall have to conduct inspection and surveys, fully determine the damage, make
reports thereon, and at the same time draw up schemes on work repair and
restoration according to the current order and procedures for management of
investment and capital construction and submit them to the competent State
bodies for approval according to law provisions;
2. The allocation and
use of funding for restoration of works destroyed by natural disasters shall
comply with the investment and capital construction management order and
procedures and other law provisions.
Article
19.-
1.
The irrigation charge and water-using levy bracket prescribed in Clause 4,
Article 14 of the Ordinance on Exploitation and Protection of Irrigation Works
is specified as follows:
a) The irrigation
charges are collected in Vietnam dong.
Localities meeting
with exceptional socio-economic difficulties are exempt from irrigation
charges.
Localities meeting
with socio-economic difficulties enjoy the irrigation charge reduction of
between 50% and 70%.
The determination of
the above localities shall comply with the provisions in Clauses 8 and 9,
Article 2 of the Law on Domestic Investment Promotion.
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b) The irrigation
charge rate bracket for organizations and individuals using water for
cultivation of rice, vegetables, subsidiary food crops, winter crops,
short-term industrial plants:
- Irrigation charge
rate bracket for land under rice:
Unit: VND 1,000/ha
No.
Regions and work measures
Winter- Spring rice
Summer- Autumn rice
Summer rice
I
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- Irrigation and
drainage by motors
320 - 650
260 - 600
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270 - 600
220 - 560
- Irrigation and
drainage by gravity in combination with motors
300 - 630
250 - 500
II
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- Irrigation and
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500 - 750
450 - 700
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450 - 700
400 650
- Irrigation and
drainage by gravity in combination with motors
480 - 730
420 - 680
III
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- Irrigation and
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440 - 740
410 - 710
390 - 690
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410 - 710
380 - 680
360 - 660
- Irrigation and
drainage by gravity in combination with motors
425 - 720
395 - 690
375 - 670
IV
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- Irrigation and
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400 - 710
430 - 740
390 - 650
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370 - 680
400 - 710
300 - 600
- Irrigation and drainage
by gravity in combination with motors
358 - 690
415 - 720
325 - 620
V
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- Irrigation and
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350 660
300 - 620
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300 - 610
270 - 590
- Irrigation and
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330 - 640
300 - 600
VI
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- Irrigation and
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420 - 730
390 - 700
340 - 650
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390 - 700
360 - 670
290 - 600
- Irrigation and
drainage by gravity in combination with motors
405 - 690
375 - 680
310 - 670
VII
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- Irrigation and
drainage by motors
500 - 750
470 - 720
400 - 690
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350 - 700
470 - 650
300 - 600
- Irrigation and
drainage by gravity in combination with motors
400 - 720
350 - 680
320 - 630
For cases of partial
self irrigation or drainage, the rate shall be equal to between 50% and 70% of
the above rates.
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For cases of taking
advantage of sea tide for irrigation or drainage, the rates shall be equal to
70% of the irrigation and drainage charge rates in regions not affected by sea
tide.
- For areas under
vegetables, subsidiary food crops, short-term industrial plants, including
winter crops, the minimum irrigation charge rates shall range between 30% and
50% of the collection level for rice irrigation.
c) The irrigation
charge bracket applicable to salt production is calculated as being equal to 2%
of the finished-product salt.
d) The water-using
levy bracket for organizations and individuals that use water or provide
services from irrigation works for purposes other than food production:
No.
Water-using subjects
Unit
Collection by work measures
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Electric pumping
Reservoir dams, canals
1
Supply water for use
in industrial and cottage-industrial production
VND/m3
500 1,000
250 500
2
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VND/m3
300 800
250 500
3
Supply water for irrigation
of long-term industrial plants fruit trees, flowers, pharmaceutical plants
VND/m3
350 500
250 450
4
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VND/m3
200 500
150 350
VND/m2 of open water surface
100 800
5
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% of the output value
7% 10%
- Cage-fish rearing
8% 10%
6
Transport through
dry lock, sluice gate of irrigation systems:
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- Boats, barges
VND/ton/transportation
2,000 3,000
- Assorted rafts
VND/m2/transportation
500 1,000
7
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% of value of commercial electricity output
8% 12%
8
Using irrigation work
for tourist business, rest and creation, convalescence, entertainment
(including business in golf courts, casino, restaurants)
Total turnover value
10 15%
In cases where water is
taken in volume, the water charge bracket shall be calculated from the
water-receiving places of water-using organizations or individuals.
2. The irrigation
charge bracket prescribed in Clause 1 of this Article is calculated from the
starting positions of the canals of the water-using cooperative organizations.
The irrigation charge rates within the service scope of the water-using
cooperative organizations shall be agreed upon between such cooperatives and
organizations or individuals directly using the water according to the rate
bracket prescribed in Clause 3 of this Article.
3. The
provincial-level People's Committees shall base themselves on the irrigation
charge rate, water-using levy brackets prescribed in Clause 1 of this Article
to prescribe the specific charge rates suitable to the practical conditions of
the local works systems under the decentralization of management of works; to
prescribe the irrigation charge rate and water-using levy within the service
scope of the water-using cooperatives.
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The Ministry of
Agriculture and Rural Development shall guide methods and procedures for
collection and payment of irrigation charges and water levies by cubic meters.
Article
20.-
1.
The Ministry of Agriculture and Rural Development and the provincial-level
People's Committees shall have to organize and direct the renovation and
regular maintenance of irrigation works under their respective management.
2. The State
enterprises exploiting irrigation works and cooperatives using water, which
directly manage, exploit and protect irrigation works, have the responsibility
to renovate and regularly maintain the irrigation works.
3. Funding for
renovation and regular maintenance of irrigation works shall be taken from
irrigation charges, water-using levies and reserve budget sources to offset the
charge amounts lost due to crop failure caused by natural disasters as provided
for in Clause 5, Article 13 of this Decree, and the irrigation charge and water
levy amounts exempt or reduced for the localities meeting with economic
difficulties and localities meeting with exceptional economic difficulties as
provided for at Point a, Clause 1, Article 19 of this Decree.
4. Annually, the
central budget and the local budgets shall arrange a portion to support
irrigation work-exploiting enterprises in cases where the collected irrigation
charge amounts are not enough to offset the expenses for repair and operation
of irrigation works.
5. The renovation and
maintenance of irrigation works may be performed by public laborers under the
provisions of legislation on public labor obligations.
6. The Ministry of Agriculture
and Rural Development shall coordinate with the Finance Ministry in guiding the
spending regimes and levels for renovation and regular maintenance of
irrigation works and arrange funding as provided for in Clause 4 of this
Article.
Article
21.-
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a) Irrigation
work-exploiting enterprises and water-using cooperative organizations must sign
irrigation and drainage contracts right at the beginning of production harvests
with organizations or individuals providing services or using water and collect
the irrigation charges under the signed contracts within no more than one month
after the production harvests;
b) Basing themselves
on the irrigation charge rates prescribed in Article 19 of this Decree and the
irrigation and drainage contracts signed at the beginning of the harvests, the
irrigation work-exploiting State enterprises and water-using cooperatives shall
draw up irrigation charge collection plans and submit them to the competent
State bodies defined in Article 17 of this Decree for approval;
c) The irrigation
work- exploiting State enterprises, water-using cooperatives shall coordinate
with commune/ward/township People's Committees in opening irrigation charge and
water levy collection book for each water-using organization or individual,
which shall serve as basis for signing water-using contracts and collecting,
paying irrigation charges and water levies according to regulations;
d) Agricultural
production households provided with irrigation and/or water drainage services
must pay irrigation charges to irrigation work-exploiting State enterprises or
water-using cooperatives within one month after the completion of harvests; if
they delay the payment, they must bear the interests on late payment at the
demand savings interest rates of Vietnam State Bank at the time of payment for
the electricity business enterprises on the outstanding electricity charge
amounts.
e) The People's
Committees of all levels shall have to examine, urge and organize the
collection and payment of irrigation charge and water-using levies in their
localities.
2. The payment of
electricity charges between irrigation work-exploiting State enterprises or
water-using cooperatives and the electricity business enterprises as provided
for in Clause 2, Article 16 of the Ordinance on Exploitation and Protection of
Irrigation Works shall be made once every six months.
In case of delayed
payment, the irrigation work-exploiting State enterprises and the water-using
cooperatives must bear the interests on the delayed payment at the demand
savings interest rates of the State Bank of Vietnam at the time of payment to
the electricity business enterprises on the outstanding electricity charge
amounts.
The charges on
electricity used for pumping to combat flooding or drought as provided for in
Clauses 1 and 2, Article 13 of the Ordinance on Exploitation and Protection of
Irrigation Works shall be paid immediately after the State budget allocation is
made.
Chapter
III
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Article
22.- The change of use criteria, scale
and purposes of existing irrigation works and the construction of new
irrigation works for addition to the system of the existing irrigation works
under the provisions in Article 24 of the Ordinance on Exploitation and
Protection of Irrigation Works are stipulated as follows:
1. The State bodies
competent to approve the investment projects for construction of any irrigation
works shall be competent to decide on the change of use criteria, scale and/or
purposes of such irrigation works and to approve the construction of new
irrigation works for addition to the system of existing irrigation works;
2. For irrigation
works of grade I or higher with investment projects not being approved by the
Ministry of Agriculture and Rural Development, the change of use criteria,
scale and purposes of the existing irrigation works and the construction of new
irrigation works for addition to the irrigation work systems must be agreed
upon in writing by the Ministry of Agriculture and Rural Development.
Article
23.- The scope of protection of
important national irrigation works as provided for in Clause 6, Article 25 of
the Ordinance on Exploitation and Protection of Irrigation Works shall be:
1. The scope of the
vicinities to the important national irrigation works under the provisions in
Article 4 of this Decree, being prescribed as from the foot of the principal
dam outward is 500 m;
2. Within the
above-mentioned scope, the vicinity is divided into two parts: The part which
must not be encroached upon shall be 150 m from the foot of the principal dam;
the remaining part shall be used for activities which do not cause unsafety to
the whole dam.
Article
24.- Within the
scope of protection of irrigation works, activities must be given permits
prescribed in Clause 3, Article 26 of the Ordinance on Exploitation and
Protection of Irrigation Works, including:
1. Drilling, digging
for geological prospection, survey, exploration, construction of underground
water-exploiting works; drilling, digging for mineral exploration and/or
exploitation; drilling, digging for exploration and/or exploitation of building
materials;
2. Planting perennial
trees;
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4. Communications and
transport activities of motorized vehicles, excluding two-wheelers, three-
wheelers, motorcycles and motorized wheelchairs;
5. Building
warehouses, loading and unloading wharves and yards; rallying raw materials,
fuel, materials, supplies, means;
6. Building stables
and farms for cattle ranching, aquaculture;
7. Burying discarded
substances, wastes;
8. Mine exploding and
other non-harmful exploding activities;
9. Building
underground works, including oil pipelines, electric cables, communications cables,
water supply or drainage pipe lines.
Article
25.- Within the scope of irrigation
works protection, prescribed in Article 25 of the Ordinance on Exploitation and
Protection of Irrigation Works and Article 23 of this Decree, houses and works
constructed before the promulgation of this Decree must be all considered and
handled according to the following regulations:
1. Houses and works
already constructed within the vicinity areas which must not be encroached upon
and works directly encroaching upon irrigation works must be dismantled,
removed to other places, and the initial state must be restored, in order to
ensure safety for the irrigation works according to their designs;
2. Houses and works
constructed within the protection areas, except for cases prescribed in Clause
1 of this Article, depending on the extent of their impact on the safety of
irrigation works, must be dismantled, removed to other places or considered for
continued use which, however, must satisfy the technical requirements and be agreed
in writing by the Ministry of Agriculture and Rural Development.
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Chapter
IV
STATE
MANAGEMENT OVER THE EXPLOITATION AND PROTECTION OF IRRIGATION WORKS
Article
27.- The Ministry of Agriculture and
Rural Development takes responsibility before the Government for performing the
function of State management over the exploitation and protection of irrigation
works, including:
1. Assuming the prime
responsibility for, and coordinating with the concerned ministries, branches
and provincial-level People's Committees in, formulating and directing the
implementation of strategies, plannings, plans and policies on exploitation and
protection of irrigation works;
2. Performing the
uniform State management over the elaboration and implementation of investment
projects on addition, perfection and/or upgrading of irrigation work systems
throughout the country;
3. Submitting to the
Government for consideration and approval, and directing the implementation of,
plannings, plans and investment projects on addition, perfection or upgrading
of irrigation work systems related to many branches, many localities;
considering and approving or agreeing in writing to let the provincial-level
People's Committees consider and approve investment projects on addition,
perfection or upgrading of works systems already decentralized under the current
regulations on capital construction;
4. Elaborating and
submitting to the Government for promulgation or promulgating according to its
own competence legal documents, processes, procedures, criteria and norms on
exploitation and protection of irrigation works;
5. Approving plans on
protection of irrigation works under the Agriculture and Rural Development
Ministry's management; deciding according to competence or submitting to the
Prime Minister for decision the handling measures in cases where irrigation works
are in danger of causing incidents; directing the regulation and distribution
of water sources of irrigation works in case of droughts, with priority being
given to daily-life water; synthesizing plans on flooding and drought
prevention and combat nationwide;
6. Granting and
withdrawing permits or authorizing the provincial-level People's Committees to
grant and withdraw permits for discharging waste water into irrigation works
and activities within the irrigation work protection scope;
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8. Summing up and proposing
the Government to handle matters in international relations regarding the
domain of exploitation and protection of irrigation works;
9. Suggesting and
submitting to the Government the functions, tasks, powers and organizational
system of agencies exercising the State management over exploitation and
protection of irrigation works; organizing scientific research, the application
of scientific and technological advances to the exploitation and protection of
irrigation works; training personnel and propagating and disseminating
legislation on exploitation and protection of irrigation works;
10. Exercising the
right to represent the owner of the State capital portions at the irrigation
work-exploiting State enterprises under the Ministry's management according to
law provisions.
Article
28.- The ministries and branches shall,
according to their respective functions and tasks, perform the State management
over the exploitation and protection of irrigation works as follows:
1. The Industry
Ministry shall assume the prime responsibility and coordinate with the Ministry
of Agriculture and Rural Development in formulating, or organizing the
formulation of, the process of operation of irrigation works, ensuring the
general effective and safe exploitation of irrigation works;
2. The Ministry of
Communications and Transport shall assume the prime responsibility and
coordinate with the Ministry of Agriculture and Rural Development in drawing
up, and organizing the implementation of, the planning on waterway communications
networks within the irrigation work systems, or making full use of the existing
irrigation works for communications purposes, ensuring the compatibility with
the plannings on irrigation work systems, work safety and not obstructing the
water flows;
3. The Ministry of
Construction shall assume the prime responsibility and coordinate with the
Ministry of Agriculture and Rural Development in drawing up, and organizing the
implementation of, the plannings on water supply and drainage systems for urban
centers, population quarters, industrial zones within the irrigation work
systems, ensuring the compatibility with the plannings, process for operation
of irrigation works and not polluting the water environment;
4. The Ministry of
Natural Resources and Environment shall assume the prime responsibility and
coordinate with the Ministry of Agriculture and Rural Development in guiding
the elaboration of schemes on use of land resources; the schemes on
exploitation, use and protection of water resources;
5. The Ministry of
Planning and Investment shall assume the prime responsibility and coordinate
with the Ministry of Agriculture and Rural Development as well as the concerned
ministries, branches and provincial-level People's Committees in synthesizing
plans on investment in projects for exploitation and protection of irrigation
works, then submit them to the Prime Minister for consideration and decision;
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7. The Ministry of
Public Security, the Ministry of Defense and the people's armed forces shall
coordinate with the Ministry of Agriculture and Rural Development in directing
the prevention of acts of sabotage, ensuring safety for irrigation works and
overcoming consequences upon the occurrence of incidents to irrigation works.
Article
29.- The provincial-level People's
Committees shall perform the State management over the exploitation and
protection of irrigation works, covering:
1. The elaboration and
direction of the implementation of plannings, plans on exploitation and
protection of irrigation works in their respective localities;
2. The direction of the
elaboration of plans on flooding and drought prevention and combat in their
respective localities;
3. The elaboration,
submission for approval, organization of the implementation of investment
projects on addition, perfection or upgrading of irrigation work systems in
their localities under the guidance of the Ministry of Agriculture and Rural
Development;
4. The guidance for
implementation of the regulations of the Government, ministries and branches on
exploitation and protection of irrigation works in their respective localities;
5. The granting and
withdrawal of permits for discharging waste water into irrigation works and
permit-requiring activities within the irrigation work protection scope under
the provisions of this Decree and the guidance of the Ministry of Agriculture
and Rural Development;
6. Issuance of
decisions according to competence on handling measures in cases of possible
occurrence of incidents to irrigation works according to the provisions of this
Decree and other law provisions; regulation and distribution of water sources
of irrigation works in case of droughts, with priority being given to
daily-life water; synthesis of plans on flooding and drought prevention and
combat in their respective localities; approval of schemes on protection of
irrigation works under the guidance of the Ministry of Agriculture and Rural
Development;
7. Organization of
specialized inspection of the exploitation and protection of irrigation works;
settlement or participation in the settlement of disputes over the exploitation
and protection of irrigation works; handling of violations of the legislation
on exploitation and protection of irrigation works in their respective
localities according to the provisions of the Ordinance on Exploitation and
Protection of Irrigation Works and other law provisions; the propagation and
dissemination of the legislation on the exploitation and protection of
irrigation works in their respective localities;
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9. Exercise of the
right to represent the owners of the State's capital portions at the irrigation
work-exploiting State enterprises under the local management according to law
provisions.
Chapter
V
IMPLEMENTATION
PROVISIONS
Article
30.- This Decree takes effect 15 days
after its publication in the Official Gazette.
It replaces the
Government's Decree No.98/CP of December 27, 1995 detailing the implementation
of the Ordinance on Exploitation and Protection of Irrigation Works and Decree
No. 112-HDBT of August 25, 1984 of the Council of Ministers (now the
Government) on collection of irrigation charges.
All previous
regulations contrary to this Decree are hereby annulled.
Article
31.- The Minister of Agriculture and
Rural Development, other ministers and heads of concerned branches shall have
to guide the implementation of this Decree.
Article
32.- The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
implement this Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai