Decree No. 120/2008/ND-CP on river basin management

38 OFFICIAL GAZETTE Issue nos 03·04lO!!cember 2008 (Cong Baanos 64().641/December 12, 2008) THE GOVERNMENT DECREE No. lZO/2005/ND-CP OF DECEMBER 1, 2008, ON RIVER BASIN MANAGEMENT THEGOVERNMENT Pursuant to the December 25,2001 Law on Organization ofthe Government; Pursuant to the May 20, 1998 Law on ~0ter Resources; Pursuant to the November 29,2005 Law on Environmental Protection; At the proposal of the Minister of Natural Resources and Environment, DECREES: Chapter I GENERAL PROVISIONS Article1.- Governing scope This Decreeprovides for the managementof river basins, covering basic surveys of the river basinenvironmentandwater resources; riverbasin planning; protection of the river basin water environment; regulation and allocation of water resources and river basin water transfer; international cooperation and implementation of treaties onriverbasins; organization of riverbasin © VIETNAM LAW & LEGAL FORUM Issue nos03-Q4JDecember2008 OFFICIAL GAZETTE (GOng BciuflOS641M4/IDf:;l!.;ember 12, 2000) 39 coordination; and river basin management responsibilities. Article 2.- Subjects of application 1. This Decree applies to agencies, organizations and individuals conducting activities related to river basins. 2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions differeut (10m those uf litis Decree, the provisions of that treaty will prevail. Article 3,- Interpretation of terms In this Decree,the tenus belowareconstrued as follows: 1.International river basin means a river basin where exists one or more than one international water source. 2. River basin group means a group of river basins which are geographically close to one another. 3. River basin list means a collection of river basins classified on the basis of criteria of their importance, basin area, main river length, administrative and tenitorial characters and others. 4. River basin environment-water resource data directory means a general database of statistical particularities ofa river basin, including geographical position, area, total water volume, water quality, water exploitation and use status, wastewater discharge, socio-economic characters and envirornnental particulannes. 5. Plan for water pollution prevention and combat and rehabilitation of polluted water sources covers managerial measures, investment plan and schedule for specific activities to achieve the water quality targets set in water resource protection planning. 6. Water resource regulation anddistribution plan covers managerial measures, invesnnentplan and schedule for specific activities toensure water resource regulation and allocation according to rates set in the water resource allocation planning in order to meet water users' needs. 'I. Mmrmum tJow means the flow at the lowest level necessary for maintaining a river or river section, ensuring the normal development of aquatic ecosystems and the mrmmurn level tor water resource exploitation anduse bywaterusers in the priority order stated in the river basin planning. Article 4.- Principles for river basin management I, Water resources in a river basin must be uniformly managed without division among administrative levels, between upstream and downstream; the fairness, rationality and equality in obligatl0ns and interests among organizations and individuals in the same river basin must be ensured. 2. Ministries, branches, local administrations at all levels, organizations and individuals shall bear joint responsibility for protecting the water environment in river basins according to law, and © VIETNAM LAW & LEGAL fORUM 40 OFFICIAL GAZETTE Issue nos 03-o41December 2008 (Gong Baanos 640-841IDecember 12,2008) actively cooperate in tapping benefits brought aboutby waterresources andensuring theinterests of populationcommunities in river basins. 3.The exploitationand useof waterresources and the discharge of wastewater on river basins are liable to financial obligationsprescribed by law. 4. Tne exploitation, use and developmentof water resources must be combined with the environmental protection and sustainable exploitation of other natural resources in river basins. 5. To-comprehensively and uniformly manage water vomme and quality, surface and ground water, inlandwaterandriver-mouth coastal water, ensuring thutwater resources are used thriftily and efficiently formultiplepurposes. 6. To ensure territorial sovereignty, national interests, equality, reasonability and mutual benefits in environmental protection, water resource exploitation, use and protection, preventionand combatofharrns causedby water to international water sources in river basins. 7. To rationallv assign and decentralize the statemanagement ofriverbasins; to incrementally socialize tfte protectionof waterresources inriver basins, mobilizing financial contributions of all economic sectors and population communities and taking advantage of financial assistance of othercountriesand international organizations for themanagementandprotection of waterresources in river basins. Article5.- Cun~IILSof'riverbasin managemeru 1.Toformulate and directbasicsurveysof the river basin environmentand water resources, to make a listof riverbasins,to establish a database and directories on theriverbasinenvironment and water resources. 2. Toformulate anddirect the implementation of the river basinplanning. 3. To decideon measuresto protect the water environment, cope with water environmental incidents, prevent, combat and address consequencesofharms caused by water on river basins. 4. To regulate and distribute water resources, maintaining minimum flows on rivers; transferring water among sub-basins in a river basin, and from one river basin to another. 5.Toinspectandexamine the implementation of the river basinplanningand handle violations of regulations onriverbasinmanagement; tosettle disputes betweenlocalities, betweenbranchesand between organizations and individuals in exploiting, usingand enjoying benefits from the river basinenvironmentand water resources. 6. To enter into international cooperation on management, exploitation and sustainable development of river basins; to fulfill commitments on international water sources in river basins, which the Socialist Republic of Vietnamhas signedor acceded to. 7. To set up river basin-coordinating organizations. Article 6.- Li:;LS uf Ii vel basins © VIETNAM LAW & LEGAL FORUM Issye nos 03-04lDecember 2008 0FFieIA L GAlEHE (C/mg Sao nos64()'641/Deromber 12, 2(08) 41 1.Listsof riverbasins serve as grounds for: iJI Organizing the realization of conrenrs of riverbasin management sped fied inArticle 5 of thisDecree; hiDecentralizing riverbasinmanagement and determining river basin management responsibilities of ministries, branches and localities; cl Identifying investment priorities for the protection of water resources and sustainable developmentof riverbasins. 2. River basin listsare classifiedas follows: aI List ofbig river basins,covering the basins of the Red, Thai Binh, Bang Giang, Ky Cung, Ma, Ca, Vu Gia, Thu Bon, Ba, Dong Nai and Mekong rivers: hiListof inter-provincial riverbasins, covering river basins lying in two or more provincesand! or centrally run cities; d Listof intra-provincial riverbasins, covering river basins lying within a province or centrally run city. Article 7.- Investmentpoliciesfor sustainable developmentof riverbasins L The State prioritizesinvestmentcapital for the management, protection and sustainable developmentof river basins,covering: aIBasicsurveys of theriverbasinenvironment and water resources; fonnulation of river basin environment-waterresourcedata directoriesand buildingof systemsforobservation, warningand forecast of the riVP.T hasin environment and water resources; bl Formulation and implementation of river basinplannings, plansforpollution prevention and combat,addressofconsequences ofharms caused by water, plans for regulation and allocation of water sources and development of river basin water resources. 2.To formulateandmaterializeprogramsand projectson integratedmanagementof riverbasin water sources, ensuring the water source balance on national and regional scales in order to meet thewaterneedsofthepeople's life andsustainable socio-economic development 3. Investmentin sustainable developmentof river basinsisdevelopment investment.TheState encouragesand creates favorable conditions for allorganizations, individualsand communities to invest in the management, protection and sustainable development of water resources in river basinsand preventionand combat of harms caused by water. 4. To expand and attract international capital sourcesfor themanagementandprotectionofthe ri ver basinenvironmentand water resources. Chapter II BASIC SURVEYS OF THE RIVER BASIN ENVIRONMENTAND WAlER RESOURCES Article8.- Major Contents of basic surveysof the river basin environment and water resources © V1ElNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nos OJ.04JDecember 2008 (C.ong Bao nos 640-641IDecember 1~, 2008) 1. Survey of the environment; survey and water resources. inventory of water resources in river basins, covenng: aJ Making specific maps of river basins and specific maps of ri vers, lakes and laguuns; bIMaking geological and hydrographic maps of water-containing formations, structures and complexes; c/ SUI"I"ey and exploration of ground water sources; d/Survey, assessmentof,andmaking of topical maps on, water resources; eJ Survey and assessment of factors affecting water resources; fl Survey and assessment of degradation, alkalization, pollution and exhaustion of surface and ground water sources; gJ Survey todetermine water sources' capacity to receivewastewater: hi Survey, assessment, warning and forecast ofabnormal developments in water resources and banns CaJ'l.sOO by water; if Survey and determination of ground water supplememation possibility and tests. 2. Survey of the current status of exploi tation and use of water resources and discharge of wastewater into water sources. 3. Building and maintence of systems for supervision of water resources and supervision of the exploitation and use of water resources and the discharge of wastewater into water sources. 4. Building and maintenance of systems of information and databases on me environment and Article 9.- Organization of basic surveys of the river basin environment and water resources 1.The Government unifotmly manages basic surveys of the river basin environment and water resources nationwide. 2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate wi th other ministries, branchesandPeople's Committeesof provinces and centrally run cities (below collectively referred to as provincial-level People's Committees) in, organizing basic surveys of the river basin environment and water resources, guiding the making of plans on distribution of river basin environment-water resource data directories. Chapter III RIVER BASIN PLANNING Article10.-River basin planning l A river ha,~in pJannine comprises the following component plannings: aJ Planning on allocation of water resources; bJPJannmg on protection at water resources; d Planning on prevention, combatand address of consequences ofhanns caused by water. 2.Acomponent planning may cover the whole basin, one or a several sub-basins. Article 11.- River basin planning period and © VIETNAM LAW & LEGAL FORUM Issue nos 03-04JDecember 2008 (Cong RAooos64Q.641JDecember 12, 2(08) OFFICIAL GAZETTE 43 elaboration time limit 1. A river basin planning is formulated once forevery 10yearsand, whennecessary, thisperiod can be prolonged but for not more than 5 years after the expiration of the current planning. 2. The river basin planning time limit is 24 months from the date the planning tasks are approved by competent authorities. Article 12.- River basin planning tasks 1. River basin planning tasks include: aITomakean overallassessmentof the natural environment, socio-economic situation, current status of river basin water resources, water environment protection, water resource exptonauon, use and development and water caused harmprevention, combatandminimization; bl To identify water use and drainage objectives and needs, issues to be settled in water environment protection; water resource expJoitation, use anddevelopment, water-caused harm prevention, combat, minimization and consequence address; d To identify to-he-formulated component plannings,priorityorder and their planning scope with a view to achieving the set objectives and solving issuesidentifiedatPoint b, Clause 1of this Article: d/ To set solutions and a roadmap for the formulation of river basin plannings. 2. The time limit for the formulation of river basin planning tasks is 6 months from the date {he Tasks are officiallyassigned. Article13.- Grounds for formulation of river basin plannings 1.The river basin lists approved bycompetent authorities. 2. The Law on Water Resources, the Law on Environmental Protection, the national strategy for water resources. the national strategy for environmental protection, strategic orientations for sustainabledevelopmentin Vietnam national, regional and local socio-economic development plannings and plans, and other relezant legal documents. 3. Target programs, strategies, plnnnings and specialized plans which are related to environmental protection, water resource exploitation and use, water-cauced harm prevention, combat and minimization. 4. Characters of the national, economic and social environments of river basins and pracucaJ potential of water resources. 5. Rights and obligations in treaties on water resources and environment to which theSocialist Republic of Vietnam is a contracting pany, n. Norms and stand~nl<;ofwaterresourcesand water resource-related environment. 7. River basin planning tasks approved by competent aurhortties. Article 14.- Major contents of a planning on allocation of river basin water resources 1. Assessing the volume and quality and forecasting the development trends of water resources,and thecurrent statusof water resource © VIETNAM LAW &LEGAL FORUM 44 OFFICIAL GAZETTE Issue nos 03-04lDecember 2008 (GOng BaD nos 64o-641IDecember 12,2008) exploitation and use for every water source. 2. Idemifying water needs and existing problems in the comprehensiveexploitation and useof waterresources and establishing thepriority order aud capacity tv meet water needs for daily life,agriculture,hydro-power, fishery, industries, transport, tourism, othersocio-economic activities and environmental protection for every water source. 3. Determine the priority order and water resource allocation rates in the water resource exploitation and use for daily life and other purposes, including waterneedsforenvironmental proteelioo in caseof droughts or water shortage. 4. Determining wateruse purposes,minimum flows to be maintained in river sections in basins and necessary measures to deal with matters specifiedin Clause 2 of thisArticle. 5. Proposing networks for water resource supervision, water use oversight and the adjustment of parameters or adjustment of the CUJTentoperationof waterresource-exploiting and using works (if necessary). 6. Identifying needs for water transfer among sub-basins within a river basin; needs for water transfer 'With other river basins (if any). 7. Proposingconstructionmeasures for water resource developmentwitha view to meeting the needs for waterfor socio-economicdevelopment in the basins. 8. Identifying planning implementation solutions and schedule. Article 15.- Major contents of a planning on protectionof river basin water resources 1.Identifying thepositions,scopesandextents of polluting sources in river basins; polluted, degeneratedandexhaustedareas;causesotwarer sourcepollution, degenerationor exhaustion. 2. Assessing the current status and developments of water quality for each water source,classifyingareas based onwaterquality. 3. Determining and assessing the importance of aquaticeco-systems. 4. Identifying water quality targets on the basis of water use purposes for every water source. 5. Identifying solutions for the protection of the water environment and rehabilitation of polluted, degenerated orexhaustedwatersources. 6. Proposing networks for overseeing river basin water quality, supervising the discharge of wastewaterintowatersourcesand theadjustment of parurnctcra or adjustment of the current operationof works protecting water resources in river basins (if any). 7.Proposingnon-construction orconstruction measuresto achieve the river basin water quality targets. 8. Identifying planning implementation solutionsand schedule. Article16.- Major contents of a planning on prevention,combat and addressof consequences of harms caused by water in river basins © VIETNAM LAW & LEGAL FORUM Issue nos O3-04IDecember 2008 (COng Bao nos61G-6111Decemb6r 12, 20081 OFFICIAL GAZETTE 45 1.Assessingthesituationand development and determining the cause of, and classifying QI'CllS based on water-caused harms in river basins. 2. Evaluating general effects of construction or non-construction measures implemented in river basins to prevent, combat, minimize and address consequencesof water-causedharms and the impacts of these measures on flooded areas and submergedregions, the river-bed,river-bank, river-mouth and coastal deposit and erosion. 3. Determining the standards of flood and droughtpreventionand combat for thewholeriver basins, each region and each sub-basin, 4. Proposing the adjustment of parameters or the current operation of water harm-preventing, combating and -minimizing and consequence addressing facilities (if any). 5. Deteuuiuiug solutions for raising 11Ie quality and efficiency of activities of preventing, combating and minimizing water-eaused harms and addressing their consequcuccs, and the systems of warning and forecasting floods, droughts and other natural disasters. 6.Proposingconstruction or non-eonstruction measures to minimize water-caused harms and address their consequences, to protect regions prone to floodsordroughts;topreservesubmerged regionsandensure standardsof floodand drought preventionand combat for the whole river basins, each region and each sub-basin. 7. Identifying planning implementation solutions aurl schedule. Article 17.- Formulation of river basin plannings 1. Responsibilities to formulate river basin plannings aJ The Ministry of Natural Resources and Environment shall formulate planning tasks and drafts for river basins on the list of big riverbasins or the list of inter-provincial river basins; bl Provincial-levelPeople's Committees shall formulate planningtasks and drafts forriverbastns in their respective localities, which are on the list of intra-provincial river basins; cI The agencies defined at Points a and b, Clause 1 of this Article, shall coordinate with concerned ministries, branches and localities in drafting river basin plannings. 2. Draft river basin plannings must be r.nmmented by concerned ministries, branches, localitiesand economic organizationsirwolvedin the exploitation and use of water resources or discharge of wasrewarer into water sources, and representatives ofpopulation communities living in river basin areas, before they are submitted to competent authorities for consideration anrl approval. 3. The Ministry of Natural Resources and Environment shall detail the norms, standards, criteria, contents, order and procedures for formulating,appraisingand approvingriver basin plannings. Article 18.- Adjustment of river basin plann illips © VIETNAM LAW & LEGAL FORUM 46 OFFICIAL GAZ ETTE Issue nos 03..Q41Oecember 2008 (GOng Baa flUSfJ4O-64tlDelJ:Jmw 12, 2006) 1. A river basin planning may be examined and adjusted in one of the following circumstances: a/Therearisebigchangesin natural conditions in the river basin; b! The socio-economic development master plan is adjusted, thus aItering the nhjectivp.s of the river basin planning; cI Adjustment is proposed by ministries, branches, the River Basin Cornnrluee VI local People's Committees involved in the implementation of the river basin planning. 2. The time of adjustment of a river basin planningshallbe decided by the competent agency having approved the river basin planning. 3. River basin planning adjustment must be based On theresults of analyzing and evaluating 111t~ iJIJVI~Tnelll.a.UOII uf the approved river basin planning and determining factors affecting the planning ~justment, ensure continuityand only cava altered contents, 4. Theformulation, appraisaland approval of adjusted contents comply with the provisions of this Decree. Artide 19.- Organizationof implementation of river basin plannings 1.Publicizationof river basin plannings: aJ The Minister of Natural Resources and Environment shall publicize plannings on river basins on the list of big river basins or the list of inter-provincialriver basins; b/ Presidents of provincial-level People's Committees shall publicize planntngs UII rivet basins lying within their respective localities, which are on the list of intra-provincial river basins; cI The Ministry of Natural Resources and Environment shall detail the to-be-publicized contents and forms of publicizing river basin plannings, 2. Ministries. branches and provincial-level People's Committeesshall base on the approved river basin plannings to formulate their plans on water resourceexploitationand useand approve them after they are appraised by the Ministry of Natural Resources and Environment. j. Ministries, branches and People'S Committees of provinces in river basins shall direct and organize the implementation of river basinplanningswtth regard [0 tasksfalling under theirrespective responsibilities and adjust,within the ambit of their respective state management lespumibi Ii lies, suategies, plauuiugs am! piau:'> whicharenotin linewith theapprovedriver basin plannings. 4. The River Basin Committees defined in Article30 of thisDecree (belowreferredto as the RiverBasinCorrrmittees) shalldiscuss andpropose measures to implement or adjust river basin plannings; propose competent state agencies to settle disputesamongstate agencies, organizations and individuals in the course of organizing the implementation of river basin plannings: and annually report on the implementation (0 the Ministryof Natural Resourcesand Environment. e VIETNAM LAW & L.EGAL FORUM Issue nos 03-Q4IDealmber 2008 0FFieIAL GAlETTE (Cong BaD nos640-641/D9CQmbGr 12, 2008) 47 5. Professional associations, economic organizations and collectives and population communities are obliged and provided with conditions to exercise the right to supervise and propose. specific measures for the implementation of river basin plannings. 6. The Ministry of Natural Resources and Environment shall inspect and annually report to the Prime Ministeron the implementation of river basin plannings throughout the country. Article 20.- Funds for formulation and implementation of river basin plannings 1.Funds for the formulation of planning tasks and drafts for river basins on the list of big river basins or the list of inter-provincial river basins will be supplied by the state budget and incorporated into the annual budgets of the Ministry ofNatural Resources and Enviromnent. 2. Funds for the formulation ofplanning tasks and drafts for river basins on the list of intra provincial river basins will be supplied by the state budget and incorporated into the annual budgets ofprovinces. 3. Funds for the implementation of river basin plannings of ministries, branches or localities will be incorporated into the annual budget estimates of ministries, branches or localities in accordance with the Law on State Budget. 4. AIIIUUlIlS donated by doruestic and foreign organizations and individuals and other lawful financial sources as provided for by law may be used for the formulation and implementation of river basin plannings, Article 21.- Archival of files on river basin plannings 1. Investors shall submit river basin planning files for archival under the law on archiveafter they are approved by competent authorities. 2. Water resource state rnanagement agencies at all levels shall archive river basin planningfiles according to the law on archive. 3. River planning file archive offices shall supply archived documents to competent indi viduals, organizations and state bodies according to law. ChapterIV PROTECTION OFTHE RIVER BASIN WATRR FNVTRONMENT Article 22.- Control of polluting sources and protection of river basin water quality 1. Within the ambit of their respective responsibilities, ministries, ministerial-level agencies, provincial-level People's Committees, corporations, slate-run economic groups, and organizations and individuals engaged in the exploitation or use of river basin water shall: al Organize regular observation and measurement of wastewater sources; b/ Inspect and supervise locations where wastewater is discharged into water sources, ensuring that wastewater VUIUlllC:; and quality © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos O3-04IDecember 2008 (ednv Bao IUJ.~ fi40-tl41JTJP.Cf>mhP.r 12, J(J(ff/) meet thewastewater-receiving capacityandwater quality criteria of each river, river o;;pr.tiol'l, lake, lagoon and submerged area in river basins; d Apply measures to protect water sources which they directly manage, exploit or use; d1 Establish databases on wastewater discharged into water sources and register them into river~sin environment-waterresourcedata directories. 2. 'I1J.e Ministry of Natural Resources and Environment shall: atDirectandorganizetheinvestigation, survey and assessment of water source pollution, degeneration or exhaustion; build systems of water environment observation and information on quality of water sources and wastewater discharge.sources in river basins. bIPro~ for theprotectionof rivercorridors with regard to sensitive water sources with high biodiversity andculturalpreservation values;the protectionand developmentof naturalecological systems in river corridors and river-mouth and coastal areas; cl To ~liclf' solutions for the restoration of waterquatity ifthe waterenvironmentispolluted and degenerated. Article 23.- Plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins 1. Formulation of plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins: aJ A plan for water pollution prevention and cnmhat and rehabilitation of polluted water sources in river basin will beformulatedonce for every five (5) years; bl The Ministry of Natural Resources and Environment shall organize the formulation of plans for waterpollution prevention and combat and lei iabilitatiou ufpolluted water sources in rivel basins in a priority order based on the apporved riverbasinplannings for riverbasinson the listof big river basins and the list ofinrcr-provincial river basins; c/Provincial-level People's Committees shall organize the formulation of plans for water pollution prevention andcombatandrehabilitation of polluted water sources in river basins in a priority order, based on me approved liver basin plannings for river basins lying within their respective localitieson the listof intra-provincial river basil IS, dI Plans for water pollution prevention and combat and rehabilitation of polluted water sources in river oasms must be commented by ministries, branches, localities, economic organizationsinvolvedin theexploitationand use of waterresourcesor discharge orwastewater into water sources and representativesof population communities in river basins. 2. Notification of plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins: at The Ministry of Natural Resources and Environmentshallnotifyplansforwaterpollution prevention and combat and rehabilitation of e VIETNAM LAW & lEGAL FORUM Issue nos 03.()4/()ecember 2008 0FFieIAL GAZETTE (Cong Bao noo 61D-641/Dcccmbcr 12, 2(08) 49 polluted water sources to ministries, branches and provincial-level People's Committees of localities having land areas in river basins on the list of big river basins or the list of inter-provincial river basins. hi Provincial-level People's Committees shall notify departments and branches under their uianageaueut aud coucerned agel Ides ufthe plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins lying within their localities and being 011 the list of intra-provincial river basins; cl To-be-notified contents and forms of notifying plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins shall be decided by agencies wilt! notifying competence. 3. Implementation of plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins: aJ Plans for water pollution prevention and comhat ann raha hi Ii rati on of polluterl wa ter sources in river basins serve as grounds for the elaboration ofenvironmental protection programs and projects ofministries. branches or localities: b/Ministries, branches, corporations, state-run economic groups and People's Committees at all levels shall direct the adjustment of programs, plans, projects and regimes on wastewater discharge under their respective management in to be in line with plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins. cI The Ministry of Natural Resources and Environment and provincial-level People's Committees shall inspect, oversee, monitor and periodically report to the Prime Minister on the implementation of plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins. Article 24.- Responding to and addressing river basin water environment incidents 1. Responding to and addressing river basin water environment incidents: al Production, business or service establishments shall formulate schemes and be fully equipped with facilities to prevent, combat and respond to water environment incidents they have caused; bl Upon the occurrence ofwater environment incidents, production, business or service establishments shall apply measures to respond to and address the incidents according to law; cI Organizations and individuals that cause water environment incidents ahall, aport from being held responsible therefor according to law, pay compensations in order to address the pollution and degeneration in the immediate future and rehabili tate and improve the environment for a long-term future. UIIu case uf incidents, local functiuual lxxlies shall coordinate with one another in minimizing harms caused by the incidents, identifying the incident causes, grounds and individuals at fault, supervise and evaluate theextentofdegeneration of quality ofthe" water environment in river basins and harms caused by the incidents 30 as to have © VIETNAM lAW& lEGAL FORUM 50 OFFICIAL GAZETTE Issue nos 03-04lDecember 2008 (GOng BaD nos 64D-641/December 12,2(08) grounds for requesting the incident-causing establishments or individuals to pay damages. 2.Responding to and addressing transboundary river basin water environment incidents: wProvincial-level People's Committees shall actively 3\1}Jly measures to stop and restrict the spread of pollution, treat and minimi ze pollution under thtir management and promptly notify such to the Ministry of Natural Resources and Environment; b/ The Ministry of Natural Resources and Environrsenr shall coordinate with concerned authorities in countries where transboundary water environment incidents occur in immediately taking prevent! ve and remedial measures compliarrtwi th commitments or treaties to which Vietnam is a contracting party. Chapter V REGULATIONAND ALLOCATION OF WATER RESOURCES AND TRANSFER OF RIVER BASIN WATER Articlil 25.- Maintenance of minimum flow in river basins 1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate withconcerned ministries and branches in, providing for the determination ofminimum nowstobe mamratned in river basins. 2. Maintenance of minimum flows in rivers: aJ The Ministry of Natural Resources and Environment shall investigate. survey and determine minimum flows in rivers or river sections for each water source in river basins on the list of big river basins or the list of inter provincial river basins; hi For international river basins, the Ministry of Natural Resources and Fnvironment shall, on behalf of the Government, negotiate and reach agreement with countries sharing the international water sources on the to-be-maintained level of minimum flows on the principal currents ofriver basins; c/Provincial level People's Committees shall investigate, survey and determinerninimum flows in rivers or river sections for each water sources in river basins on the list of intra-provincial river basins; dI Minimum :flows in rivers or river sections must be publicized and commented by economic organizations involved in water resource exploitation or use and representatives of population communities in river busin areas, 3. Competence to publicize the to-be maintained minimum flows in rivers: aJ The Ministry of Natural Resources and Environment shall publicize the minimum flows in rivers or river sections in basins on the list of big river basins or the list ofinter-provincial river basins; h/Provincial.level Pf'nple's Comrnirrees sh311 publicize the minimum flows in rivers or river sections in basins lying within their respective local ities and being on the list of intra-provincial © VIETNAM LAW& LEGAL FORUM Issue nos O3-04IDecember2008 (C'..6ng Bao nos 64JJ.641JDecember 12, 2008) OFFICIAL GAZETTE 51 river basins. 4. Ministries, ministerial-level agencies, government-attached agencies, concerned corporationsand state-runeconomic groupsshall directtheadjustmentof theirrespectiveprograms, plans, projects and regulationson waterresource exploitation and use, maintaining the publicized minimum flows in rivers or river section. Article26.· Regulationand allocationof water resources in river basins 1. Formulation of plans for water resource regulation and allocation: aI A plan for water resources regulation and allocation willbeformulatedonce for every five (5) years; bl Ministries, branches, localities and economicorganizations, thatare engagedinwater resource exploitation UI use, shall uoti rythe Ri vet Basin Committee and the Ministry of Natural Resourcesand Environmentof theirannualplans on water demands within cveryfive (5)-yczrrpcrioo for each water source in river basins. c/Forriver basinson thelistof big riverbasins or the list of inter-provincial river basins, the Ministry of Natural Resources and Environment shallformulate planson waterresourceregulation and allocation for different use purposes on the basis of approved river basin plannings, the practical capacities of water sources, the requtremenrs of matntaintng minimum flows in rivers and meteorological and hydrological offices' forecasts about changes of flows in subscquent years iJ J I iv er basins and water needs of ministries, branches, localities and economic organizations; d/ Forriverbasinslyingwithintheirrespective localitiesand being on the list of intra-provincia] riverbasins, provincial-level people's Committees shallformulate plansforwaterresourceregulation and allocation for different use purposes on the basis or approved river basin plannlngs, the practical capacities of watersources, the minimum flows in rivers, the meteorological and hydrological offices' forecasts about changes of flows in subsequent years in the basirs and the waterneedsof ministries, branches,localitiesand economic organizations; el Plans for water resource regulation and allocationmust be publicizedand commented by concerned ministries, branches, Iocaaties and economic organizations involved in water resourceexploitationand useand representatives of populationcommunities in river basinareas. 2. Notification of plans on water resource regulationand allocation: aI The Ministry of Natural Resources and Environmentshallnotifyministries, branchesand provincial-level People 's Committees QfJocalitics having land areas in river basins of the plans on regulation and allocation of water resources in river basins on the list of big river basins or the list of inter-provincial river basins; hIProvincial-level People's Committeesshall notify departments and branches under their managementand agencies and units involved in the exploitationor use of water resources inriver basins of me plans on water resource regulation © VIETNAM LAW & LEGAL FORUM 52 OFFICIAL GAZETTE Issue nos 03-04lDecember 2008 ((;ong RAn n(l.~ R4().Il41Jner.P.mhP.r 12, 200R) and allocation in river basins lying within their localities and being on the 1ist of intra-provincial river basins; cl To-be-notified contents and forms of notifying plans on river basin water resource regulation and allocation will be decided by agencies with notifying competence. 3. Implementation of plans on water resource regulation and allocation: aIMinistries. branches. corporations and state run economic groups involved in water resource exploitation, use and protection and People's Committees at all levels shall direct the examination and adjustment of their respective programs. plans, projects and regimes on water resource exploitation and use to be in line with the plans on regulation and allocation of river basin water resources and the practical capacity ofwater sources, which are notitied by competent state agencies. bI Incase of droughts, water shortage or serious pollution of water sources, the River Basin Committees shall immediately petition the Ministry ofNatural Resources and Environment or provincial-level People's Connnittees to adjust the plans on water resource regulation and allocation in the approved priority order in the river basin water resource allocation planning defined in Clause 3, Article 14 of this Decree and promptly notify the adjustment of plans on water resource regulation and allocation, the effective duration of the adjustment to concerned slate agencies and organizations in river basins; cI If concerned agencies or organizations and localities in river basin areas disagree with adjustments to the plans on water resource regulation anil allocation, th ..y may propo<:P, the notifying agencies to consider and decide; dI In case of emergency, water resource regulation and allocation must be conducted in accordance with the law on the state of emergency. Article 27.- Transfer of river basin water 1. Grounds for the formulation of projects on water transfer among river basins: a/The national strategy on water resources and the strategy on environmental protection; bJ The rivet" basin planning, maintenance of minimum flows, and plans on regulation and distribution of water resources in river basins; cI Socio-economic development plans of localities in relevant river basins; dI Water sources' capacity, water needs and envITonrnentalimpac~; eI International commitments or treaties to which Vietnam is a contracting party, in case of projects on water transfer among international river basins. 2 Consultation on 3nil appraisal of prnjl"£.t!: on water transfer among river basins: aIA water transfer project related to any river basin must be commented by the Committee for that river basin in the course offonnulating and approving the project; bf Projects on water transfer between river basins on the list of big river basins or the list of inter-provincial fiver basins of ministries, branches, provincial-level People's Cornnuuees, © VIETNAM LAW & LEGAL FOR M Issue nos 03-D4lDecember 2003 OFFJCIAL GAZETTE (COng BaDnos 64o-ti4/lDecember 12, 2008) 53 corporations or state-run economic groups, organizations or individuals shall be sent to (he Ministry of Natural Resources and Envirornnent forappraisal before they aresubmitted to thePrime Miuistcr [UI consideration and decision un investment policies or decisions according to decentralization of work construelioninvestment management; c/ Projects on water transfer between river basins lying withinlocalitiesand beingon thelist of intra-provincial river basins of mmistnes, branches, provincial-levelPeople's Committees, corporations, state-run economic groups, organizations or individuals shall be sent (Q provincial-level People's Committees for appraisal before askingfor investment policiesor investment decisioll& according tu det:enu"linttiOl/ of work constructioninvestment management. Chapter VI INTERNATIONAL COOPERATION AND IMPLEMENTATION OF TREATIES ON RIVER BASINS A rtiele 28-- International cooperation on river basins 1. The Ministry of Natural Resources and Environment shall act as the sole body assisting the Government in the implementation of internationalcooperation on river basins, having the rusks: alTo assumethe prime responsibility for, and coordinate with the Ministry of Foreign Affairs andconcernedministries and branches in,carrying out procedures for negotiating and concluding treatieson river basins according to law; b/To direct and supervisethe implementation of international commitments and treaties concerning water resources as well as the gathering and exchange of data and information on river basin water resources under the treaties to whichVietnamis a contractingparty; cl To represent the VietnameseGoyernment in conductingnegotiationson international legal documents on water resources and participating in the settlement of international disputes over river basin water resources and environment; dl To monitor the implementation by ministries, branchesandlocalities of international river basin-related commitments to which Vietnam is a contractingparty. 2. Ministries, branches and provineial-level People's Committees have the tashb. aJ To establish, maintain and consolidate relations of international cooperation and llllplement treaties onriver basmswitluathe scope of theirrespective functions, tasks andJelegated powers; hiTosend totheMinistryofNaturaflksources and Environment reports on intemational cooperation and implementation of treaties on river basins so that the latter can make sum-up reports to the Prime Minister. Article 29.- Adruissluu lu international river basin organizations 1. The admission to international river basin organizationscomplieswith the Jaw onconclusion © VIETNAM LAW & LEGA.L FOR M 54 OFFICIAL GAZETTE Issue nos 03-04IDecember 2008 (CCmo Bao nos 64D-641AJecember 12. 20(8) and implementation of treaties. 2. The Ministry of Natural Resources and Environment shall act as the sole body representing the Vietnamese Government in the participation in international river basin organizations. The Ministerof NaturalResources and Environment shall report to the Prime Munster on theappointment of representativesat international river basin organizations and may decide on the appointment of specialists to work at tnrernartonal river basin cooperation organizations. Chapter VII RIvER BASIN COORDINATING ORGA NIZATIONS Article;30.~ The River Basin Committees 1.Functions of the River Basin Committees: aJ The River Basin Committees function to supervise and coordinate activities of concerned ministries, branches and locali.ties in the implementation of river basin plannings: to propose w promulgation ofpolicies ann propn<:e measures for water environment protection, exploitation, use and development of water sources,prevention.combat and minimizationof harms caused by water in river basins; bl A River Basin Committee can take charge ofone river basin or a group of river basins. 2.Organization of the RiverBasinCommittees aJ The River Basin Committees wiII be set up for river basins on the Jist of big river basins or the list of inter-provincial river basins defined at Pointsa and b, Clause 2,Article 6 of thisDecree. For a bigriver basin having many inter-provincial sub-basins, an inter-provincial river basin sub committee can be set up; bl For intra-provincial river basins, the coordination of activities of protecting the water environment, exploiting, using and developing water resources, preventing, combating and minimizing harms caused hy water in riverbasins will be directed by presidents of provincial-level People's Committees. 3. Composition ot a River HaSIO Committee: aJ A River Basin Committee is composed of representatives of concernedministries,branches, provincial-level People's Committeesof a number of provinces situated within the river basin and a number of units managing big water resource exploiting or -using works (if any), which is headed by a vice-minister of Natural Resources and Environment as its chairman. bJAn inter-provincial river basin committee or sub-committee is composed ofrepresentatives of the leaderships of provincial-level People's Committees of provinces situated jn the river basin, the Ministry of Natural Resources and Environment. other concerned ministries and branches as well as units managing large-scale water resource-protecting, -exploiting or -using or wastewater-discharging works (if any) in the river basin. The committee is headed by a provincial-level People's Committee leader appointed by the provinces situated within the e VIEtNAM LAW & LEGAL FORUM Issue nos 03-041Pecember 2008 0 FFie IAL GAZETT E «(;rmo ~o nos 64l}.M1JflecAAlber 12, 7008) 55 river basin for a 2-year term under the regime of organization andpayrollof theRiverBasinOffice. rotation between such provinces. 4. Competence to establish River Basin Committees: aIThe Prime Ministermay decidetoestablish a river basincomrnittee for river basinson the list of big river basins at the proposalof the Minister of Natural Resources and Environment; bl The Minister of Natural Resources and Environment may P!':t::a h l i sh ri vp;r ba sin committees for river basins on the list of inter provincial river basins or inter-provincial river basinsub-committeesat theproposalof thehead" of units performing the specialized state management of water resources. Article31.- River Basin Office 1. The River Basin Office is tasked to assist the River Basin Committees in performing the tasks assigned by the Committeesand locatedat a unit of the Ministry of Natural Resources and Envin,JIIIIU:IIl. 2. Competence to set up the River Basin Office: aI The Minister of Natura) Resources and Environmentmay decideon theestablishmentof the River Basin Office for river basins on the list of big river basins or the list of inter-provincial riverbasins; b/The Mlntstry ofHomeAffairs shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Euviroumeut ill, guilliug the tasks, powers, Article 32.- Funds for the operation of the River Basin Committeesand River Basin Office 1. Statebudget funds: aI Funds for the operation of the River Basin Committeeswillbeincorporatedintoexpenditure estimates of the ministries and agencies having their representativesin the Committees; b/ Fund" for the opp.mtion of thE' River Basin Office will be incorporated into the annually allocatedstatebudgetexpenditureestimates ofthe Ministryof NaturalResourcesand Environment. 2.Voluntary contributions of organizations and individuals. 3.Donationsof international organizations and foreigncountries. 4. Other sourcesprescribedby law. Chapter VIII RIVER BASIN MANAGEMENT RESPONSIBILITIES Article 33.-TheMinistry of Natural-Resources and Environment Being a government agency performing the function of state management of river basins nationwide, the Ministry ofNaturalResourcesand Environment has the responsibilities: 1. To submit to the Prime Minister: at Por promulgation,a list of inter-provmcial e VIETNAM LAW & LEGAL FORUM 56 OFFICIAL GAZETTE Issue nos 03-04lPecember 2008 (Cong Bao nos 64(1.641JDecem~r 12, 2008) '-----,----,,---------, river basins; bl The establishrnent of the River Hasin Committeesfor river basinson the listof bigriver basins; c/ For approval,riverbasinplanningtasksand drafts; plans for water pollution prevention and combat and rehabilitation of polluted water sources inriver basins; plans for regulation and distributien of water resources in river basins on the list of big river basins; d/Forsettlement,disputes over waterresources among ministries, branches, localities, disputes among ~llnizatiom;and individuals engaged in river basin-relatedactivitiesin riverbasins onthe list of big river basins. Z. To promulgate lIUnIlS, standards, techno economic targets and unit prices for the fonnulation of river basin planning tasks and drafts, wood WUI kiug regulations of the Ri vel Basin Committees. 3.Topromulgatea listof intra-provincial river basins, to set up the River Basin Committeesfor river basins on the list of inter-provincial river basins. 4. To approve river basin planning tasks and drafts forriver basinson the listof inter-provincial river basins. 5. Toformulateriver basinplanning tasksand drafts and organize the implementation thereof after they m-e approved, for river basin:; on the list of big river basins or the list of inter-provincial river basins. 6.Toformulateand direct the implementation of plans after they are approved, for river basins on the list of big river basins or the list of inter provincial river basins, including: aI Plans for water pollution prevention and combat and rehabilnauon uf polluted water sources in river basins; bl Plans for water resource regulation and allocation. 7. To announce minimum flows to be maintainedin rivers. for river basins on the list of big riverbasinsor thelistof inter-provincial river basins. K '10 appraise plans of ministries, branches, government-attachedagencies andprovincial-level People's Committees on exploitation and use of water resources in river basins on the list of big riverbasins or the listofinter-provincial riverbasins. 9.Tomaterialize international cooperationand treaties as provided for in Chapter VI of this Decree; to settle disputes over water resources betweenministries, branches, localities,disputes between organizationsor individualsengaged in activitiesrelatedtoriverbasinson the listof inter provincialriver basins. Article 34.- Ministries and ministerial-level agencies Within the ambit of their functions, tasks and powers prescribed by law, the ministries or ministcrial-Icvcl agencies managing water resource-exploiting or -using sectors have the responsibilities: 1.Tocoordinatewith the Ministry of Natural e VIETNAM LAW & LEGAL FORUM Issue nos 03-941December 2008 0FFieIAL GAl ETTE (COng Baof/OSfj4().(j411December 12,2(08) 57 Resourcesand Environmentand theRiver Basin Committeesin formulating riverbasinplannings. 2. To formulate, amend or supplement their respective specialized plannings and plans for water resource protectionand exploitation to be in line with the river basin plannings, plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins andplansfar waterresource regulation and allocation, which have been approved by competent state agencies. 3. To appoint competent representatives to participatein theRiver BasinCommitteesunder the provisionsof this Decree. 4. To propose agencies with river basin planning-approving corupetence lu examine, revise or adjustriverbasinplannings, whennecessary. Article 35.- The Ministry of Planning and Investmentand theMinistryof Finance 1. To propose the assurance of investment capital for the formulation and implementation of river basinplannings. 2. To study, formulate mechanisms and policies to encourage and mobilize investment capital sources at home and abroad for the realization of river hasi n plannings 3.Tomobilize officialdevelopment assistance (GOA) for the protection and sustainable developmentot nver basins. Article 36.- Provinci al-leve I People's Committees 1. To formulate and approve river basin planning tasks and drafts and organize the implementation thereof after they are approved, fOTriverbasinson thelist of intra-provincial river basins. 2. Toformulateand directtheimplementation of variousplans after theyare approved,forriver basins on the listof intra-provmcial nver basins, including: aJ Plans for water pollution prevention and combat and rehabilitation of polluted water sourcesin river basins; bl Plans for water resource regulation and distribution. 3. To publicize to-he-maintained minimum river flows, for river basins on the list of intra provincialriver basins. 4. To appraise water resourceexploitation or use plannings of ministries, branches, government-attached agencies in intra-provincial river basins. 5. To settle disputes over water resources between ministries, branches and/or localities and disputesbetweenorganizations and/or.individuals engaged in activities related to intra-provincial river basins. 6. To notify plans for management, protection, exploitation, use and development of water resources; forwaterharmprevention, combatand com..equence address in the provinces to: aI The corresponding River Basin Sub Committees if theprovinces havelandareaslying in big liver baslns; e VIETNAM LAW & l.EGAL FORUM 58 OFFICLli.l GAZETTE Issue nos 03.()4f[)ecember 2008 (Cong BaDnos 640-841/Decembw 12,2008) bl The corresponding inter-provincial River Basin rommittf'i'.!': ifrhe prClvince!:have land areas lying in inter-provincial river basins. 7. To periodically report to the Ministry of Natural Resources and Environment on the management of intra-provincialriver basins. Articlrr 37.- TIlt; National Water Resources Council 1. To give its comments on river basin planningsand plans for waterresourceregulation and distribution, with regard to river basins on the listof bigriverbasins.beforetheyareapproved by the Prime Minister. 2. To propose the Prime Minister to settle disputesover waterresourceexploitauonand use betweenbranches,provincesand/orcentrallyrun cities. 3. To propose policies and mechanisms for river basin management. Article38.- The River Basin Committees 1. To appraise river basin planning tasks and drafts und'plunnings on sub basins in river basins; plans for water pollution preventionand combat andrehabilitation ofpollutedwatersources inriver basins; plans for water resource regulation and allocation; to-be-maintained minimum flows in rivers; projects on water transfer among regions or sub-basins in river basins, projects on water transfer to, or water receipt from, other river basins. 2. To regulate and coordinate activities of ministries, branches, localities, corporations, state run economic groups. organizations and individuals in the implementation of plannings, plans. projectson waterresources in river basins. 3. Toproposeroyalty raresfor waterresources, charge and fee ratesand contributionsby people inriver basinsaccordingto law for the protection u f the water t:1I v il U 1I111cul. W d lCI rc so urce exploitation and use, water-caused harm prevention and combat and water consequence nddrcss in river basins. 4.Tosupervise theimplementation ofriverbasin plannings; to proposeto provincial-level People's Committeesin the basinareasand the Ministryof NaturalResources andEnvironmentmeasuresfor water resourcemanagement, protection and use, water-caused harm consequence prevention, combat and address, redress of environmental incidents in river basins. and revision and adjustment of river basin plannlngs, when necessary. 5. To establishdatabases and data directories on river basin environmentand water resources. 6. Toimplementinternational cooperation on water environment protection, water resource exploitation, useanddevelopment;water-caused harm consequence prevention. combat and address and sustainable development of river basins. 7. To propose options to settle disputes over water resources in river basins to agencies competenttosettlesuchdisputesaccordingto law. 8. To periodically report to the Ministry of Natural Resources and Environment on the e VIETNAM LAW & LEGAL FORUM Issue nos 03-04f[)ecember 2008 0FFieIAL GAZETTE (Cong Bao nos640-S41/Dooombor 12,2008) 59 implementation of river basin plannings and plans defined in this Decree. ChopterlX INSPECTlON,EXAMINATION,AND HANDLING OFVIOLATIONS Article 39.- Inspection and examination 1. The specialized natural resource and environment inspectorate shall perform the function of inspectingthe river basin management. 2. Content" of inspection ami examination: aJ Inspecting and examining the observance of legal provisions on river basin management; bl Detecting, preventing and handling according itscompetence or proposing competent agencies to handle violations oflaw on river basin management; cl Proposing measures to ensure the enforcement oflaw on river basin management. 3. The inspection of river basin management activities complies with the law on inspection. Article 40.- Settlement of complaints and denunciations 1. Organizations and individuals may complain about or denounce law-breaking acts in river basin management activities. 2. The settlement of complaints about, and denunciations of, law-breaking acts in river basin management activities complies with the law on complaints and denunciations. 3. Pending the settlement of complaints, denunciations or lawsuits, organizations and individuals shall still comply with administrative decisions of competent state management agencies in charge of river basin management. When decisions on settlement of complaints or denunciations about river basin management acri vi lies are issued by competent state management agencies or courts and take effect, such decisions shall be complied with.. Article 4I.~ Handling of violations 1.Organizations and individuals have the duty to promptly detect and prevent, and propose the handling of, law-breaking acts in river basin management activities. 2. Organizations or individuals thatabuse their positions or powers to cause degeneration or exhaustion of water sources in river basins, obstruct the river basin management under this Decree and other relevant legal documents shall, depending on the nature and severity of their violations, be disciplined, administratively handled or examinedfor penal liability ifcausing damage, they shall pay compensation therefor according to law. Chapter X IMPLEMENTATION PROVISIONS Article 42.- Implementarton guidance The Ministry of Natural Resources and Environment shall direct, guide and inspect the implementation of this Decree. e VIETNAM LAW & LEGAL FORUM 60 Article 43.-Effect OFF ICIAl GAZETTE Issue nes Q3.Q4tDecember 2008 (Cong BaD nos 64fJ-{)4ttDecembert2, 2008)--- . 1. This Decree takes effect 15 days after its publication in "CONG BAD." Toannul previous provisions which are contrary to (he provisions of thisDecree. 2. Ministers. heads of ministerial-level agencies, headsof government-attached agencies and presidents of provincial-level People's CommitteesshallimplementthisDecree. Onbeluilfofthe Government Prime Minister NGUYEN TAN DUNG e VIETNAM IAW & I EGA.lI=O f,A