Decree No. 112/2008/ND-CP on management, protection and integrated exploitation of resources and environment of hydropower and irrigation reservoirs

8 OFFICIAL GAZETTE Issue nos OS-09/0ctober 21)08 j(;bng l::laooostJ/l{~rudr:te(.i::l, lOOB) . . -- . - .. THE GOVERNMENT DECREE No. 112/2008/ND-CP OF OCTOBER 20, 2008, ON MANAGEMENT, PROTECTION AND INTEGRATED EXPLOITATION OF RESOURCES AND ENVIRONMENT OF HYDROPOWER AND IRRIGATION RESERVOIRS THE GOVERNMENT Pursuant to the December 25. 2()()! Law on Organization of the Government; Pursuant to the May 20, 1998 Law on Water Resources; Pursuant to the November 26, 2003 Land Law; Pursuant to the November 29, 2005 Law on Environmental Protection; Pursuant to the December 14, 2004 Electricity Law; Pursuant to the April 4, 2001 Ordinance on Exploitation andProtection of Irrigation Works; At the proposal of the Minister of Natural Resources and Environment, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation This Decree prescribes the management, protection and integrated exploitation of resources and environment of hydropower and irrigation reservoirs (below collectively referred to as reservoirs). Article 2.- This Decree applies to domestic and foreign organizations and individuals (below collectively referred to as organizations and individuals) involvedin the management,protection, exploitation and use of reservoir resources and environment. Article 3.- Interpretation of terms In this Decree, the terms below are construed as follows: I. Reservoir protection corridor means the area from the boundary having an elevation equal to the highest water level of the design flood including overflow level (for key national reservoirs) or equal to the darn C.TC'.St'S elevation (for other reservoirs) to the reservoir zone clearance boundary. 2. Reservoir zone means the area from the reservoir zone clearance boundary down to the reservoir bed. 3. Reservoir system means a system of many reservoirs on a river or on a system of rivers interrelatedin tenus ofexploitation and use of water resources; river flow regulation, prevention and control of adverse impacts of water and environmental protection in the river basin. 4. Reservoir terrace means a system of I VIETNAM LAW & LEGAL FORUM ' Issue nos 0S-09/0ctober 2008 (GOng Baooos58T-588tO!:tr:ba'29,20J8j OFFICIAL GAZEllE 9 reservoirs arranged into anumberof levelsonthe mainor tributaryriver. 5. Minimum flow means the lowest level of flow required for maintaining a river or a river section[0 ensure the aquaticeco-system'snormal development and the minimum level for the exploitationand use of water resourcesby water users according to the priority level set in tilt: rivet basin planning. Article 4 ~ Prj nc iples fClr m;ln:le~mpnt, protectionand integrated exploitation ofreservoir resourcesand environment 1. Reservoir construction must conform with theriver basinplanningapprovedby a competent state agency. 2. Reservoir resourcesand.environmentmust be exploitedandusedinanintegrated, economical ann efficient manner without being affected by adminiSlTative boundaries. Reservoirresourcesand environment must be protected on the basis of enhancing statemanagementinstitutions. laws.and propagation, education and raising the sense of responsibilityof inhabitants and communitiesin reservoir areas. 3.Exploitation and use of reservoirresources and environment must ensure reservoirs' safe operations aud miuimum fiuws without affec tiIIg theirpurposesand functionsalreadyapprovedby competent agencies, and meet requirements on prcvcnrion and control of, water source degradation,exhaustion and contamination, and adverse impacts of water on the reservoir basin and lowlands. 4. Planningon and constructionof works, and production and service activities, in reservoir protection corridors and reservoir zones must not cause major changes to the flow regime, conform with reservoirs' load and self-cleaning capacity and be approved by competent state agencies, Article 5.- Prohibited acts in reservoir protectioncorridorsandreservoirzones 1. Causing water source und environment pollution anddegradation, terrain changesandJoss of reservoirenvironmental landscape. 2.Destroyingor damagingreservoirs' related works, harming their water sources, and not ensuringtheirsafetyandsustainability. 3.Encroaching orbuilding worksanddwelling housesnotaccordingto planning;dumpingearth, rock, sand, gravel.andsolidwasteann wastewater failing to meet environmental standards into reservoirs. 4. Exploiting endangered precious and rare aquatic species inhabiting in reservoir areas; Culturing alien animals andplantsof unclearorigin, scuously hannlng Litefauna and flora ofreservoir areas. Chamer IT PROTECTION, EXPLOITATION AND USE OF RESERVOIR RESOURCES AND ENVIRONMENT Article 6.- Formation of reservoir protection corridors © VIETNAM LAW & LEGAL FORU 10 OFFICIAL GAZETTE Issue nos OS-09!Oclober 2008 (CfJna ago fl'JS 58U138K'.dOO9r2f!. 2008) A damownershall~ 1. Assume the prime responsibility for, and coordinate with the provincial-level Natural ResourcesandEnvironmentService,district-and commune-level People'sCommittees ofthelocality where the reservoir is located in, formulating a scheme to place reservoir protection corridor boundary markers and submit 'it for approval to the provincial-level People's Committee of the localitywhere the reservoir is located. 2. Assume the prime responsibility for, and coordinate with the district-and commune-level People's Committees of the locality where the reservoiris locatedin,placingmarkerson thefield after the scheme to place reservoir protection corridorboundary markersis approved. 3.Hand overreservoir boundary markersto the <:omrnune4evelPeople'sCommitteeofthelocality where the-reservoir is located for management and protection; for new reservoirs, complete their boundary determination and handover of their boundary markers prior to theofficialoperationofa reservoir; for operatingreservoirs, completesuch determination and handoverwithinone year from the. e.ffeerive d~tf' of this lX-l'1"'e.e. 4. When reservoir protection corridors or reservoirzonesareencroached,occupiedor illegally used, promptlyreportto localadmi mstranons, and coordinatewiththemin handlingaccording to law these violations. Article 7.- Exploitation of land resources in reservoirprotectioncorridorsandreservoirzones 1.Exploiration of landresources mustconform with detailed land-use master plans and plans :J lready approved hy competent agencies. 2. Detailed land-use master plans and plans must ensureefficientexploitationand useof land and other natural resources and environmental protection without causing adverse impacts on reservoiroperation. 3. Detailed land-use planning schemes must specify the areas of land for forest development, recovery for reservoir zones, short-term crop plantation and seasonal aquaculture without affecting reservoirs' watercollection andpolluting the environmentwhileconforming with the crop and livestock restructuring planning and the Regulation on aquatic resource exploitation and culture. 4. Detailed land-use master plans and plans must take into account opinions of dam owners and communities of lakeside communes, ensuring publicity, transparency and fairness. 5. Within 30 days after being approved by competentagencies, detailed land-use masterplans and plans must be posted up at the offices of People's Committeesof all levelsof the localities where reservoirs are located for people's information andcompliance, Article 8.~ Exploitation and usc of reservoir resourcesandenvironment 1.Exploitation and useofnaturalresources and environmentinreservoirprotectioncorridorsand reservoirzonesmustbe basedon approvedmaster plansandplansandnotaffect reservoirs' functions; comply with technical regulations of related VIETNAM LAW & LEGAL FORUM , Issue nos 08.()9/0ctober 2008 (GOng Baonos 587-588ruriJer29, 2(08) OFFICIAL GAZETTE 11 branches and domains and regulations on landscape and environmental protection; and not affect reservoirs' technical characteristics and greatly obstruct the water flow to reservoirs. 2. Disuict- and commune-level Pooplc ls Committces of the localities where reservoirs are located shall examine and inspect the use and exploitation ofreservoirresources and environment according to approved master plans and plans. 3. Depending on the extent of impact on the safety and functions of reservoirs, works built in reservoir protection corridors shall be removed or relocated or may be permitted for continued operation, but must meet technical reqwrements and such operation must be agreed by dam owners in writing and permitted by competent agencies according to law. 4. The following activitiesin reservoir protection corridors and reservoir zones (except those specified in Clause 5ofthisArticle) may be carried out only when they arc agreed by dam owners in writing and licensed by competent agencies according to law: aJ Construction of new works; hI Discharge of wastewater into reservoir water sources; cl Exploitation and use of reservoir water resources; dI Drilling, exploratory digging, geological survey,exploration and construction ofgroundwater exploiting works; drilling, exploratory digging and exploitationofminerals;drilling,exploratorydigging and exploitation of construction materials; eI Perennial tree plantation; fl Tourist, sports, scientific research, business and service activities; g/ Operation of motor vehicles (except two and three-wheeled motorcycles, motorbikes and motor vehicles used for the disabled); hi Construction of warehouses and storage yards; and cargo and passenger ports and wharfs; and depots of raw materials, fuel, materials and means; if Construction of cattle breeding facilities, aquaculture; j/ Burial ofwastes; k/ Blasting and other harmless explosion activities; VConstruction ofunderground works.including oil pipelines, electric cables, communicesoncables and water pipes. 5. The following activities in reservoir zones arc banned; aI Construction of dwelling houses and residential areas; bl Construction of breeding facilities, embankment for aquaculture; c/ Burial of wastes; d/ Blasting and other harmful explosion activities. Article 9.- Reservoir water regulation 1. A reservoir operating process must be established and submitted (0 competent authorities for approval before reservoir water collection. Such process must ensure all reservoir functions according to the priority order, work and reservoir © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 08-09/0ctober 2008 (GOng B8000s587-588~r29, 2008) lowlandssafely, integrated exploitation ofreservoir resources and environment, and maintenance of theminimumflowin reservoir lowlands; notcause major changes to the reservoir's flow regime downstreamandtakeintoaccount climatechange elements; conform with the inter-reservoir operatingprocessin theriverbasin(ifany)already approvedhy competent state agencies. 2. Dam owners shall conduct hydro meteorological observation and collect hvdrometeorological informationanddata at their own expenses to meet requirements on reservoir protection, operationmanagement andexploitation under the guidance of natural resources and environment state management agencies and submitannualreportstoconcernedIineministries andprovineial-Ievel People'sCommittees. 3.Damownersshall annually formulate awater regulationplan for reservoirsand notifyPeople's Committees at all levels of the localities having reservoirsandreservoirlowlandsareasin orderto reduceadverse impacts onpeople'sproduction and life and tbe,environment. 4. Water regulation plans for reservoirs shall be fonnu1a~ onthebasisof the approved reservoir operatingprocess, minimum flow requirements, forecasts on flow changes in the year by hydrometeorological agenciesandwateruse needs of br.mcbes, localities and economicorganizations. 5. When concerned agencies, organizations and localities do not accept reservoir water regulation plans, they may request dam owners andcompetentstateagencies toconsideranddecide on suchplans. Article 10.- Financial obligations for exploitation and use of reservoir resources and environment 1.Organizations andindividuals exploiting and using reservoir water sources for electricity generation,daily life water supply, industrialand small-industrial production, andotherwater-related pmdllct;on and service activilie.<;: .<;:h.1JJ pay water use fees and royalty tax according to law. 2. Organizations andindividuals exploiting and usmg land resources and other natural resources ofreservoirzones;or discharging wastewaterand waste into reservoirs shall perform financial obligatious a~~UlililJglu law. Chapter III RESPONSIBILITIES OF MANAGEMENT, PROTECTION, EXPLOITATION AND USE OF RESERVOIR RESOURCES AND ENVIRONMENT 4.rl1l'11' 11.- R<:,sponsibilities of the Covernrnent, ministries, branches andlocalities 1.The Government shall perform the unified state management of reservoir resources and environmentnationwide. 2. The Prime Minister shall direct the water regulation for reservoirs of national importance when serious drought, water shortage or water source contamination, or other serious environmental incidents or disastersoccur in the riverbasin. 3. The Ministry of Natural Resources and e VIETNAM LAW & LEGAL FORUM Issue nos OS·09/0ctober 200S (GOng Baooos 587-58BKJdober29, 2008) OFFICIAL GAZETTE 13 Environment, theMinistryoflndustry andTrade, theMinistry ofAgriculture andRural Development and concerned ministries, branchesand localities shalltakeresponsibility before theGovernment for their statemanagementof reservoirresourcesand environment under the Government's decentralization. Article 12.- Responsibilities of theMinistryof NaturalResourcesandEnvironment 1. To submit to the Government or the Prime Minister forpromulgation, orpromulgate according to its competence, legal documents on management, pmtf'Ctinnand integrated exploitation of reservoir resourcesand environment. 2. Toassume theprime responsibilityfor,and coordinate withconcernedministries, branches and localities in, specifying minimumflowrequirements for reservoir lowlands and guiding ministries, branches and localities in complying with these requirements. 3. Todirect theestablishmentandperform the unified management of natural resources and environmentdataandobservation systems ofmajor reservoirs. 4. Tosynthesize anddeterminewateruseneeds ofbranches, localities andeconomicorganizations in reservoir lowlands and supervise the assurance of provision of hydrometeorological and water resource information, data and forecasts for reservoirs. 5. To assume theprime responsibility for,and coordinate withtheMinistryof IndustryandTrade and the Ministry of Agriculture and Rural Development in,formulating inter-reservoir water regulation plans for reservoirs of national importance and submitthem to thePrimeMinister fordecision whenseriousdrought,water shortage or water source contamination, or other serious environmentalincidents or disasters occur in the riverbasin. G. To suburit to UIC Prune Minister forapproval a listof irrigation and hydropowerreservoirs in the riverbasinrequiredof an inter-reservoir operating process. 7. To direct and coordinate with concerned ministries, branches, localities and investors in fannulating aninter-reservoiroperatingprocess for irrigation and hydropower reservoirs OIl the list specifiedinClause6 of thisArticle. To5Ubmit it to thePrimeMinisterforapproval orapprove it when authorized. 8. To guide and direct localities and units in examining, inspecting,and handlingvmtions of thelawonmanagement, protection andext'loitation of reservoirresources and envi ronment. Article 13.-Responsibilities of theMinistryof Industry andTradeand theMinistry ofAgriculture andRuralDevelopment 1. To promulgate according to their competence, or submit IO competent authorities for promulgation, legal documents to ensure economical and multi-purpose use of natural resources, and protection of landscape awl environment, of reservoirs under their state management. 2. To direct the formulation, coordinate with © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 08-Q9/OCtober 2008 (GOng&ooos 587-588/()(;lrJ,g29. 2al!J) theMinistry ofNatural Resources andEnvironment and concernedministries.branchesand localities in, evaJuating reservoir or inter-reservoir(if any) operatingprocessesundertheirstatemanagement; to approveaccording to theircompetencereservoir or inter-reservoir (if any) operating processes under their state management or submit them to thePrimeMinister for approvalaccordingto law, 3. Todirect the elaboration of reservoir water regulation plans; to direct water regulation for reservoirs under their state management when serious drought, water shortage or water source contamination, or other serious environmental incidents or disasrers oc.cur in the river basin 4.Todirect, manageandlicense productionand trading activities related to reservoir resource exploitationaccordingto theircompetence. 5. To coordinate with the Mirristry ofNatural Resources and Environment in building and managing natural resources and environment observauon systems of majorreservoirs. 6. TocoordinatewithPeople'SCommitteesof provinceswherereservoirs arelocatedinexamining the implementation of the law on management, protection and integrated exploitation ofreservoir resources and environment under their state management. Article14.-Responsibilitiesof ministriesand ministerial-level agencies 1.The Ministry of Transportshall assume the prime responsibility fOT, and coordinate with the Ministry of NaturalResources and Environment, theMinistry ofAgriculture andRuralDevelopment and the Ministry of Industry and Trade in, formulating andorganizing the implementation of. transportnetworkplanningin reservoirprotection corridorsandreservoirzones. 2. '1he Ministry of Constructionshallassume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Envilonrneut, lilt: MinistryofAgricultureand Rum! Development and the Ministry of Industry and Trade in, formulating and organizing the implementation of, water supply and drainage planning for urban and residential areas and industrial parksin reservoirprotection corridors and reservoir zones. 3.TheMinistryof Culture, Sports andTourism shall assume the prime responsibility for, and coordinatewith theMinistryofNaturalResources andEnvironment, theMinistryofAgricultureand Rural Development and the Ministry of Industry and Trade in forrnulating tourism planning and organizing touristactivities inreservoirprotection corridorsandreservoirzones. 4,Other ministries and branches shall, within the ambit of their functionsand tasks, coordinate with the Ministry of Natural Resources and Environment, theMinistryofAgriculture andRural Development and the Ministry of Industry and Tradein, managing, protecting, exploiting andusing reservoir resources andenvironment. Article 15.- Responsibilities of People's Committeesat all levels 1.Provincial-level People's Committees: aJ To assume the prime responsibility for @ VIETNAM LAW & LEGAL FORUM Issue nos 08-09/0ctober 2008 (GOng Baonos587-58BlliotH29, 2fXJ8) OFFICIAL GAZETTE 15 reservoir management and protection; to assume the pnme l"e.."TJOllsihility frn andcoordinate with dam owners and concerned agencies in formulating master plans and plans on use ofnatural resources and environment in reservoir protection corridors and reservoir zones; to organize the implementation of the law on management, protection and integratedexploitation of reservoir resources and environment in their localities; bI To direct to formulation and coordinate with concerned ministries and branches in evaluating operating processes for reservoirs under their management; to approve according to their competence operating processes for reservoirs under their management or submit them to competent agencies for approval according to law; c/ To direct the operation reservoir under their management when serious drought, water shortage or water source contamination, or other serious environmental incidents or disasters occur in the river basin; d1To assume the prime responsibility for, and coordins fe with the Ministry ofNatural Resources and Environment, the Ministry of Industry and Trade, the Ministry of Agriculture and Rural Development and concerned agencies in. directing the handling ofacts ofviolation of this Decree; to settle according to law disputes, complaints, denunciations and proposals related to natural resources and environment; to propagate and educate the law on protection of reservoir resources and environment; eI To direct the building and management of natural resources and environment observation systems of local reservoirs under the Ministry of Natural Resources and Environment's guidance; to direct commune-Icvel People's Committees in tfllmulating dp.tailffi landusemaster plan!'.:>.M.plan~ for lakeside communes; fJ Tocoordinate with concerned ministries and branches in considering and settling issues related to reservoir resources and environment in their locali ties under ministries or branches' 2. District- and comrnune-levelPeople's Committees of localities where reservoirs are located: al To coordinate with dam owners In formulating schemes to place reservoir protection corridor boundary markers and placing boundary markers on the field after these schemes are approved; hi Tobe held responsible when land in reservoir protection corridors and reservoir zones is encroached, occupied or illegally used. Article 16.- Responsibilities of review of reservoir functions Every five years, me Ministry orlndustry and Trade, the Ministry of Agriculture and Rural Development and provincial-level People's Committees shall review and adjust the functions of reservoirs under their management, decide according to their competence or propose competent authorities to decide. on the adj ustment of reservoir functions according to law. Chapter IV INSPECTION, EXAMINATION, AND HANDLING OF VIOLATIONS Article17.- Inspection and examination e VIETNAM LAW & LEGAL FORUM . 16 OFFICIAL GAZETTE Issue nos08-09IO<;tober 2008 (GOng BaOrKJS 587·588tO:101.xN29, 2008) 1. Natural resources and environment inspectoratesshallinspecttheintegratedprotection and exploitation of reservoir resources and environment. 2. Inspection and examination cover: aIInspecting and examiningtheobservance of provisions of thi s Decree; b/Detecting, stoppingand handlingaccording to theircompeteoce orpropose competentagencies to handle, violations of the law on integrated protectionandexploitation ofreservoirs; cl Proposing measures to ensure law enforcement related to integrated protection and exploitation of reservoir resources and environment. 3. Inspection of integrated protection and exploitationofreservoirresourcesandenvironment complies with the inspectionlaw. Article 18.- Settlement of complaints and denunciations 1.Organizations and individuals may lodge cornplaisssor denunciations on actsofviolationof the law on management, protectionand integrated exploitation of reservoir resources and environment. 1.. Sf'ftl1"ment ofComplilint<;: and dell! mciations on acts of violation of the law on management, protection and integratedexploitationof reservoir resources and environmentcomplies with the law on complaintsand denunciations. Article 19.- Handlingof violations 1. Organizations and individuals shall detect, stop and propose for prompt handling, acts of violation of thelawon management,protection and integrated exploitation of reservoir resources and environment. 2. Organizations and individuals that are irresponsible or abuse their positions and powers to cover acts of violations of the law on management, protection and integratedexploitation of reservoirresourcesand environment; ordestroy reservoirs or cause reservoir unsafety or commit otheractsof violation shall,dependingon thenature and severity of their violation, be disciplined, adrninistratively sanctionedor examinedforpenal liability; if causing damage, they shall pay compensation according to law. Chapler V IMPLEMENTATION PROVISIONS Article: 20.- Implementation guidance The Ministry of Natural Resources and Environmentshallorganize,directandexaminethe implementationof this Decree. Article 21.- Implementation effect 1. This Decree takes effect 15 days after its publication in"CONG BAO." Toannulallprevious provisions which are contrary to this Decree. 2.Ministers, headsof ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People's Committees shall implement this Decree. On behalfofthe Government Prime A-finil"ter NGUYEN TAN DUNG ~ VIETNAM LAW & LI;GAL FORUM