Law No-08-2017-QH14 Law on Hydraulic Work-DWR180122

THE PRESIDENT THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 06/2017/L-CTN Hanoi, June 29, 2017 ORDER On the promulgation of law THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam; Pursuant to Article 80 of the Law on Promulgation of Legal Documents, PROMULGATES: The Law on Hydraulic Work, which was passed on June 19, 2017, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 3nd session President of the Socialist Republic of Vietnam TRAN DAI QUANG Directorate of Water Resources  Vietnam Law & Legal Forum Directorate of Water Resources  Vietnam Law & Legal Forum THE NATIONAL ASSEMBLY THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 08/2017/QH14 Hanoi, June 19, 2017 Law on Hydraulic Work Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on Hydraulic Work Chapter I GENERAL PROVISIONS Article Scope of regulation This Law prescribes baseline surveys, strategies and master plans on hydraulic work; hydraulic structures construction investment; hydraulic structures management and exploitation and operation of hydropower reservoirs for hydraulic work; hydraulic work services; assurance of hydraulic structures protection and safety; small hydraulic structures and on-farm hydraulic structures; rights and responsibilities of organizations and individuals in hydraulic work; and responsibilities for state management of hydraulic work Article Interpretation of terms In this Law, the terms below are construed as follows: Hydraulic work means a combination of solutions to store, regulate, deliver, distribute, supply and drain water for agricultural production, aquaculture and salt production in combination with water supply and drainage for daily-life activities and other industries, contributing to natural disaster prevention and control, environmental protection, adaptation to climate change and assurance of water resource security Hydraulic work activities cover hydraulic work baseline survey, strategy development and planning; investment in the construction of hydraulic structures; management and exploitation of hydraulic structures and operation of hydropower reservoirs for hydraulic work; hydraulic work services; and hydraulic structures protection and safety assurance Hydraulic structure means a hydraulic work technical infrastructure facility, which is a dam, reservoir, sluice, pumping station, water delivery and transfer system, embankment or other works serving hydraulic work management and exploitation Directorate of Water Resources  Vietnam Law & Legal Forum On-farm hydraulic structure consists of canals at different levels and pipelines for irrigation and water drainage from points of delivery of hydraulic work products or services to farmland lots Head structure means a hydraulic structure located at the starting point of a water storage, regulation, delivery, distribution, supply and control system or at the end point of a water drainage system Water delivery and transfer system consists of canals at different levels, pipelines, siphons, tunnels and other structures to deliver and transfer water Dam and reservoir safety means the application of designing, construction, management and exploitation measures to ensure safety for dams, reservoirs and related structures and safety for people and property at downstream of dams Downstream area of a dam means an area which is flooded when a reservoir discharges water according to its operation process or in an emergency situation or when a dam is broken Emergency situation means a situation when there is rainfall or flood in excess of designed capacity, or an earthquake in excess of the designed standard in the basin of a reservoir, or another impact making a dam unsafe 10 Hydraulic structure owner means an agency or organization assigned by the State the rights and responsibilities of a representative of the owner of a hydraulic structure built with state funds; or an organization or individual that invests in building a hydraulic structure 11 Hydraulic structure manager means a specialized agency performing the state management of hydraulic work under the Ministry of Agriculture and Rural Development or a People’s Committee of any level, or an organization assigned by the State the rights and responsibilities of a representative of the owner; an on-farm irrigation unit; or an organization or individual that invests in building a hydraulic structure 12 On-farm irrigation unit means an organization of users of hydraulic work products and/or services who together invest in building or manage and operate small or on-farm hydraulic structure 13 Hydraulic structure exploitation means exploiting and utilizing the potential and advantages of a hydraulic structure for socio-economic development and environmental protection 14 Hydraulic work product or service means a product or service created from the exploitation of a hydraulic structure 15 Hydraulic work product or service price means an amount payable to a hydraulic work product or service Article Principles of hydraulic work activities Directorate of Water Resources  Vietnam Law & Legal Forum To conform with the principles of integrated management of water resources; to be unified in each river basin and hydraulic structure system and combined in each administrative unit, and to serve multiple purposes To ensure national interests, national defense and security; to protect the environment, to adapt to climate change; to contribute to ensuring water resource security and sustainable socio-economic development To proactively create water resources, store, regulate, deliver, distribute, supply and drain water between seasons and regions; to meet requirements of production and daily-life activities in each hydraulic structure system, river basin and region and in the whole country To use water economically, safely, efficiently and properly; to ensure the volume and quality of water in hydraulic structure To ensure lawful rights and interests of organizations and individuals in hydraulic work activities; to involve all people in hydraulic work activities Organizations and individuals have the right to use hydraulic work products and services and they shall pay for them in accordance with law; safety for human life and property shall be guaranteed against adverse impacts of the construction and exploitation of hydraulic structures Article State policies on hydraulic work activities To prioritize investment in building particularly important hydraulic structures, major hydraulic structures, and hydraulic structures in ethnic minority, mountainous and island areas, areas with extremely difficult socioeconomic conditions, areas facing water shortage, and areas heavily affected by climate change To give tax incentives in accordance with tax laws to organizations and individuals managing and exploiting hydraulic structures to provide public hydraulic work products and services To support organizations and individuals in building, repairing and upgrading small and on-farm hydraulic structure systems; advanced and watersaving hydraulic structure systems; advanced and modern irrigation and drainage systems; and wastewater recycling systems To support investment in upgrading and modernizing hydraulic structures To provide financial supports for use of hydraulic work products and services suitable to each sector and group of users To support organizations and individuals providing hydraulic work products and services in the prevention, control and remediation of consequences of drought, water shortage, saltwater intrusion, desertification, flood, inundation and waterlogging Directorate of Water Resources  Vietnam Law & Legal Forum To diversify forms of investment; to encourage and create conditions for organizations and individuals to invest in building, managing and exploiting hydraulic structures To support training and retraining to build capacity for persons directly carrying out or participating in hydraulic work activities; to encourage and create conditions for organizations and individuals to research and apply science and technology and transfer technology in hydraulic work activities Article Water saving in hydraulic work activities Water shall be conserved in hydraulic work activities in accordance with the law on water resources and the following provisions: a) In hydraulic work planning, hydraulic structures construction investment, to propose and select solutions regarding water-generating sources, water resource creation, water loss control, on-spot water use, water reuse and connection of interregional hydraulic structure systems; b) In management and exploitation, to inventory water resources and water use needs for planning and organizing reasonable regulation, distribution and use of water and controlling water loss; c) To organize production of water-using industries and structure seasons, crops, plants and livestock suitable to water resource conditions and adopt water conservation plans; d) To conserve water in crop irrigation and encourage the application of advanced hydraulic work technologies Organizations and individuals shall use water economically, efficiently and properly Article Science and technology in hydraulic work activities Advanced technologies shall be applied to building the capacity to forecast and warn water resource developments, water volume and quality, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks, coastal areas, impacts of climate change and development impacts in river basins to serve hydraulic work activities Advanced technologies shall be applied to water conservation and reuse Priority shall be given to scientific research and technology application to increase the effectiveness of hydraulic structures management and exploitation, natural disaster prevention and control, climate change adaptation, protection of water resources and eco-systems; to ensure safety for dams and reservoirs Article International cooperation in hydraulic work activities Directorate of Water Resources  Vietnam Law & Legal Forum To respect independence, sovereignty and territorial integrity, equality and mutual interest in hydraulic work activities on transnational rivers and border rivers and streams between Vietnam and related countries To comply with Vietnamese law and hydraulic work-related treaties to which the Socialist Republic of Vietnam is a contracting party To exchange information on hydraulic work activities on transnational rivers and border rivers and streams between Vietnam and related countries To prioritize international cooperation activities in scientific research, technology transfer, training, experience sharing and mobilization of resources in hydraulic work activities To proactively join hydraulic work-related international organizations Article Prohibited acts in hydraulic work activities Building hydraulic structures in contravention of approved master plans Dumping waste and garbage within the protection corridors of hydraulic structures; illegally discharging wastewater into hydraulic structures; committing other acts of contaminating water sources in hydraulic structures Destroying or intentionally damaging hydraulic structures Illegally dividing, filling, digging, dredging, or extracting sludge, sand or gravel on rivers, canals at different levels, lakes or ponds, affecting hydraulic work activities Operating motor vehicles with a weight in excess of allowable limit on hydraulic structures; operating motor vehicles or inland waterway craft in hydraulic structures with restricted-area signs, except priority vehicles and craft as prescribed by the laws on road and inland waterway traffic Obstructing the inspection and examination of hydraulic work activities Illegally exploiting water from hydraulic structures Operating hydraulic structures without permission; operating hydraulic structures not according to processes approved by competent state agencies Opposing, obstructing, or refusing to comply with decisions of, competent agencies or persons in the urgent response to incidents at hydraulic structures 10 Illegally occupying or using land within the protection corridors of hydraulic structures 11 Carrying out activities within the protection corridors of hydraulic structures without a permit or not in accordance with the granted permit for the activities specified in Article 44 of this Law Chapter II Directorate of Water Resources  Vietnam Law & Legal Forum BASELINE SURVEYS, STRATEGIES AND MASTER PLANS ON HYDRAULIC WORK Article Baseline surveys on hydraulic work Baseline surveys on hydraulic work shall be conducted annually or extraordinarily to collect information and develop databases for scientific research and formulation of strategies, master plans and plans on hydraulic structures construction investment, management and exploitation A baseline survey on hydraulic work covers the following principal contents: a) Number, quality and service capacity of existing hydraulic structures and demands for use of hydraulic work products and services; b) Current organizational structure of and mechanisms and policies on hydraulic work activities; c) Impacts of hydraulic structures on the environment and people’s life; d) Collecting information, monitoring and supervising the volume and quality of water, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks and coastal areas to serve hydraulic work activities; dd) Impacts of climate change, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, sedimentation and erosion of hydraulic structures, river banks and coastal areas, and socio-economic development activities in river basins on hydraulic work activities The Ministry of Agriculture and Rural Development shall organize baseline surveys on hydraulic work and delegate the organization of baseline surveys on hydraulic work in localities to provincial-level People’s Committees The competence to approve, announce and manage results of baseline surveys on hydraulic work is prescribed as follows: a) The Ministry of Agriculture and Rural Development shall approve, announce and manage results of baseline surveys on hydraulic work conducted by the Ministry; b) Provincial-level People’s Committees shall approve, announce and manage results of baseline surveys on hydraulic work conducted by the provinces Article 10 Hydraulic work strategy A hydraulic work strategy shall be developed for every 10 years with a vision for 30 years or longer in conformity with socio-economic development and national defense and security strategies A hydraulic work strategy shall be updated and adjusted when there are changes in socio-economic development or Directorate of Water Resources  Vietnam Law & Legal Forum national defense and security strategies or major changes caused by natural disasters A hydraulic work strategy must set out viewpoints, guiding principles, vision, objectives, tasks, solutions and organization of hydraulic work development tasks nationwide The Ministry of Agriculture and Rural Development shall assume the prime responsibility for formulating hydraulic work strategies and submit them to the Prime Minister for approval Article 11 Master plans on hydraulic work Master plans on hydraulic work serve as a basis for construction, management, exploitation and protection of hydraulic structures Master plans on hydraulic work include: a) General master plans on hydraulic work, which shall be formulated nationwide, for each region, river basin, hydraulic structures system and administrative unit to address in an integrated manner issues on water supply, irrigation and drainage and prevention and control of water-related disasters; b) Specialized master plans on hydraulic work, which shall be formulated for each region, river basin, hydraulic structures system and administrative unit to address one of the issues on water supply, irrigation and drainage, and prevention and control of water-related disasters Master plans on regional hydraulic work, master plans on hydraulic structures systems and master plans on hydraulic work in administrative units must conform with the national master plan on hydraulic work and master plans on hydraulic work in river basins Master plans on hydraulic work shall be formulated for every 10 years with a vision for 20 years or longer and periodically reviewed every years Master plans on hydraulic work shall be adjusted when there are adjustments to socio-economic development, national defense and security or hydraulic work strategies or major changes affecting their primary goals Article 12 Principles of hydraulic work planning To conform with socio-economic development and national defense and security strategies, master plans and plans; hydraulic work strategy; and master plans on water resources To be aligned with master plans on infrastructure and related master plans To ensure integrated management of water resources in each river basin and hydraulic structures system; adaptation to impacts of climate change and socio-economic development in river basins; and sustainable development Directorate of Water Resources  Vietnam Law & Legal Forum To serve multiple purposes, ensure harmony between exploitation and protection of natural resources and the environment and prevention and control of natural disasters To attach importance to supplying water for islands, coastal, border and mountainous areas, and areas surrounding hydropower reservoirs To balance water resources nationwide and in each region, river basin, hydraulic structures system and administrative unit; to transfer water from areas with water surplus to areas with water shortage; to store water in rainy seasons for dry seasons and in years with much water for years with little water To ensure consultation with agencies, organizations and individuals in the course of hydraulic work planning Article 13 Contents of hydraulic work master plan A master plan on hydraulic work must set out development orientations, spatial arrangement and hydraulic work resource distribution within the scope of planning A master plan on hydraulic work must have the following principal contents: a) Analysis and assessment of natural conditions and water resources; socio-economic conditions; resources; assessment of the current state of hydraulic work; and results of implementation of the master plan on hydraulic work of the previous period; b) Anticipation of development trends and scenarios and water sources in the context of impacts of climate change, natural disasters and development of river basins; anticipation of scientific and technological advances and resources directly affecting hydraulic work; c) Assessment of sectoral and regional connectivity; identification of socioeconomic development requirements for hydraulic work; opportunities for and challenges to hydraulic work development; d) Determination of viewpoints and goals for hydraulic work development; dd/ Analysis, estimation and formulation of hydraulic work plans according to development scenarios nationwide, for regions, river basins, hydraulic structures systems and administrative units Assurance of water source creation, storage, control, regulation and distribution and mitigation of risks of drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, and water source contamination and degradation and other waterrelated disasters; e) Proposal of solutions and lists of structures and projects and the order of priority; proposal and recommendation for review serving adjustment of hydraulic work-related master plans to ensure consistency and unity; Directorate of Water Resources  Vietnam Law & Legal Forum 10 Based on the state budget capacity in each period, the State shall provide financial support for use of public hydraulic work products and services regardless of sources of investment in the construction of hydraulic structures Financial support for use of public hydraulic work products and services shall be provided from the state budget and must comply with the law on the state budget The Government shall prescribe beneficiaries, scope, level and method of financial support for use of public hydraulic work products and services Article 37 Finance in hydraulic structures management and exploitation Financial sources for hydraulic structures management and exploitation include: a) Revenues from the provision of hydraulic work products and services; b) State budget allocations and supports; c) Other lawful amounts Organizations entitled to collect payments from hydraulic work products and services include: a) Hydraulic structures managers; b) Hydraulic structures exploiters Article 38 Use of financial sources in the management and exploitation of state-funded hydraulic structures Financial sources in the management and exploitation of state-funded hydraulic structures shall be used for the following purposes: a) Hydraulic structures management and exploitation as prescribed in Article 20 of this Law; b) Maintenance, upgrading, construction and modernization, handling of incidents, planting of boundary markers of the protection corridors of hydraulic structures, and implementation of solutions to raising the effectiveness of hydraulic structures management and exploitation; c) Other purposes as prescribed by law The Minister of Finance shall detail this Article Article 39 Sharing of revenues from the provision of hydraulic work products and services For organizations and individuals that provide hydraulic work products and services in the same hydraulic structures system, revenues from the provision of hydraulic work products and services shall be shared among them in proportion to the management and exploitation expenses incurred by each organization and individual Directorate of Water Resources  Vietnam Law & Legal Forum 24 For organizations and individuals that jointly contribute capital to a hydraulic structure construction, management and exploitation, revenues from the provision of hydraulic work products and services shall be shared among them in proportion to hydraulic structure construction expenses and management and exploitation expenses incurred by each organization and individual Organizations and individuals that contribute capital to the construction of a hydraulic structure shall still pay for the use of hydraulic work products and services related to that hydraulic structure Chapter VI PROTECTION AND SAFETY ASSURANCE OF HYDRAULIC STRUCTURES Article 40 Protection corridors of hydraulic structures The protection corridor of a hydraulic structure covers the hydraulic structure and adjacent areas Activities carried out within the protection corridor of a hydraulic structure must neither obstruct the operation nor affect the safety of the structure, and there must be roads for management, and ground areas for its maintenance and handling of incidents occurring to the structure Adjacent areas of a reservoir cover the adjacent area of the dam and adjacent area of the reservoir and are prescribed as follows: a) The adjacent area of the dam shall be measured from the base of the dam outward For a special-grade dam, the distance from the base of the dam must be at least 300m; for a grade-I dam, at least 200m; for a grade-II dam, at least 100m; for a grade-III dam, at least 50m; or for a grade-IV dam, at least 20m; b) The adjacent area of the reservoir shall be measured from the boundary line with an elevation equal to the elevation of the crest of the dam down to the reservoir Adjacent areas of canals are prescribed as follows: a) For a canal with a water flow of between 2m3/second and 10m3/second, its protection corridor must be from 2m to 3m measured from the its outer slope base, for an earth canal; or from 1m to 2m, for a permanently built canal; b) For a canal with a water flow of over 10m3/second, its protection corridor must be from 3m to 5m measured from the outer slope base, for an earth canal; or from 2m to 3m, for a permanently built canal The adjacent area of a sluice on a river is 50m measured from the outermost constructed part on each side When the size or use purpose of a hydraulic structure is adjusted, its adjacent area shall be also adjusted to comply with this Article; 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