Water Resources Law (No. 8/1998/QH10 of 1998)

Article 1.- Ownership of water resource 1. The water resource comes under the ownership of the entire people under the unified management of the State. 2. Organizations and individuals are entitled to exploit and use the water resource for life and production. At the same time they have the responsibility to protect the water resource, prevent, combat and overcome the harmful effect caused by water as prescribed by law. The State protects the legitimate interests of organizations and individuals in the exploitation and use of the water resource. Article :Z.- Subjects and scope of regulation 1. The water resource as provided for in this Law comprises surface water, rain water, underground water, sea water in the territory of the Socialist Republic of Vietnam. Sea water and underground water within the exclusive economic zone and the continental shelf shall be provided for in other legal documents. Mineral water and natural thermal water shall be provided for by the Law on Minerals. No.21 (31-7-1998) OFFICIAL GAZETTE 33 2. This Law regulates the management, protection, integrated ser\'ice of many purposes. exploitation· and use of tl1e water resource and the prevention, combat against and overcoming of the 11. "Sanitary protection area of the water use zone" harmful effect caused by water. is the area adjacent to the water use zone from the water source which is prescribed for protection in

Article 3.- Explanation of terms and expressions order to prevent and combat the pollution of the water source for living. In this Law the terms below are construed as follows: 12. "·Pollution of the water source" is the change of the physical properties, chemical properties and 1. "Water source" designates different fonus of biological composition of water in violation of the accumulation of natural or artificial water which may permitted standard. be exploited or used, including rivers, streams, canals and rivulets; sea, lakes, lagoons and ponds; I 3. "Pem1it on water resource" includes the permit underground water storing layers; rain, ice, snow and for exploration of underground water; permit for other fom1s of water accumulation. exploitation and use of the water resource; permit for the discharge of waste water into the water source 2. "Surface water" is ·water existing on the ground and permit for warranted activities within the of continental land or offshore islands. perimeter of protection of water conservancy works. 3. "Underground water" is water existing in the 14. "Deterioration and depletion of water source" water storing layers under the ground. is the deterioration of the quality and quantity of the water source. 4. "Water for living" is water used for eating, drinking and sanitation of humans. 15. "River basin" is the geographical area in which surface and underground water naturally flows into "Clean water" is the water meeting the quality the river. standards of clean water by Vietnamese standard. 16. "Zoning of river basin" is the planning of the 5. "Water source for living" is the water source protection, exploitation and use of the water source, that can supply water for living or water that can be the development of the water resource, the fight processed into clean water economically. against, prevention and overcoming of the harmful 6. "International water source" is the water source effect caused by water in the river basin. from Vietnamese territory flowing onto the territories 17. "Water conservancy works" is a works for the of other countries or from the territory of other exploitation of the benefits of water:. preventing and countries flowing into Vietnamese territory or lying fighting against the hamlful effect caused by water on the border between Vietnam and neighboring and protecting the environment and the ecological countries. balance. 7. "Developing the water resource" is the measure 18. "Flood diversion and flood retention" is the aimed at raising the capacity of exploitation and deflection of part of the flood to another flow and the sustainable use of water resource and raising the value temporary retention of water in an area in order to of water resource. lower the level of the flood. 8. "Protecting the water resource" is the measures 19. "Area with difficult economic and social aimed at preventing and fighting against the conditions" is an area of ethnic mi'norities, a mountain deterioration or depletion of the water resource, area, an area with underdeveloped infrastructure, or ensuring the safety of the water resource and an area with unfavorable natural conditions. safeguarding the capacity of developing the water resource. 20. "Area with exceptionally difficult economic and social conditions" is an area of ethnic minorities 9. "Exploiting the water source" is the activities on the highlands, an area on islands, or an area with aimed at bringing benefits from the water resource. poor and weak infrastructure or an area with very 10. "Integrated use of the water source" is to make unfavorable natural conditions. rational use of and develop the potential of a water source and limit the negative effect of water for Article 4.- Management of water resource 34 OFFICIAL GAZETTE No.21 (31-7-1998) 1. The State adopts the policy of managing, 3. In the prevention, fight against and overcoming protecting and rationally, economically and efficiently of the harm caused by water, there must be a plan and exploiting the water resource; prevent, combat and measures to take the initiative in preventing, avoiding, overcome the harmful effect caused by water with a alleviating and limiting the harm caused by water; view to ensuring water for living of the people, the ensure the ham1onious combination of the interests economic branches, ensure national defense and of the whole country with those of different regions, security, protect the em•ironment and serve the branches, between modern science and technology and sustainable development of the country. the traditional experiences of the people and in confom1ity with the capacity of the economy. 2. The Government exercises unified State management of the water resource and all activities 4. The projects on the protection, exploitation and in the protection, exploitation and use of the water use of water resource and on the prevention, combat resource, the prevention, combat against and and overcoming of the harm caused by water must overcoming of the harmful effect caused by water contribute to socio- economic development and must throughout the country. take measures to ensure the life of the population, national defense, security, protecting the historical and 3. The People's Councils and the People's cultural relics, beautiful landscapes and the Committees at all levels shall, within the scope of environment. their tasks and powers, take measures to manage, protect, exploit and use the water resource; prevent, Article 6.- Policy of investment in developing combat and overcome the harmful effect caused by water resource water; supervise and inspect the implementation of legislation on water resource in the localities. 1. The State shall invest in the basic survey of water resource, building the system of observation 4. The Vietnam Fatherland Front and its member posts and the system of data information, raising the organizations shall within the scope of their tasks and capacity of forecast about rising water, floods, powers have to popularize legislation on water droughts, salinity infiltration, rise and spill-over of resource and mobilize the population to carry out and sea water and other harms caused by water. supen,ise its implementation. 2. The State shall work out a plan for priority 5. State agencies, economic organizations, investment to supply water for living of the population political organizations, socio-political organizations, in the areas where water is particularly scarce, invest social organizations, People's Armed Forces units and in and support the development of infrastructure on all individuals have the responsibility to implement water resource. legislation on water resource. 3. The State shall have a preferential policy with

Article 5.- Protecting, exploiting and using water regard to the organizations and individuals in the resource; preventing, combating and overcoming the country and foreign organizations and individuals harm caused by water who invest in developing water resource, research on and apply advanced science and technology to 1. The protection, exploitation and use of water developing water resource and protecting their resource, the prevention, combat against and legitimate rights and interests. overcoming of the harm caused by water must comply "ith the zoning of the river basin already ratified by Article 7.- Financial policy on water resource the competent State agency; ensure the systematic character of the river basin and must not lead to 1. The organizations and individuals who exploit severance along the administrative boundary. and use "vater resource have the financial duty and the duty to contribute manpower and budget to the 2. The protection of water resource, the prevention building of works for the protection, exploitation and and fight against deterioration and depletion of the use of water resource, the prevention, fight and water source must be linked with the protection and overcoming of the harm caused by water. development of forests and the reproductive capability of the water source and with the building and 2. The State shall carry out the policy of exemption protection of water conservancy works, the prevention and reduction of tax on water resource, and water and combat against pollution of water source and the resource charge with regard to the areas with difficult exploitation and integrated use of the water source in socio-economic conditions and areas with an economical, safe and effective manner. exceptionally di:fijcult socio- economic conditions. No.21 (31-7-1998) OFFICIAL GAZETTE 35

Article 8.- International relations on water l. The State shall have a plan to protect and resource develop headwater forests and other forests, build water conservancy projects, restore the deteriorated The State encourages the broadening of and depleted water source, encourage organizations international relations and international cooperation and individuals to exploit and use water rationally in the basic sun1ey, protection; exploitation and use and economically in order to protect the water of water resource, in the prevention, combat against resource. and overcoming the harm caused by water with a view to developing the water resource according to the 2. Organizations and individuals that exploit and principle of safeguarding sovereignty, territorial use the water source must comply with the regulations integrity, and mutual benefit and in conformity with on prevention and combat against deterioration and the international conventions which the Socialist depletion of the water source. Republic of Vietnam has signed or acceded to.

Article 12.- Protecting underground water

Article 9.- Acts under strict ban 1. Organizations and individuals that conduct It is strictly forbidden to undertake acts which geological exploration drills or exploration drills for cause the det~rioration or serious depletion of the underground water, or that prepare for the laying of water resource, illegally obstruct the circulation of foundations of constructions must take measures to water, sabotage the works for the protection, protect underground water resource according to e:q>loitation and use of water resource, the prevention, prescriptions of law. combat against and overcoming of the harm caused by water and obstruct the right of all organizations 2. Organizations and individuals that exploit and individuals to exploit and use water resource underground water must comply with the order and lawfully. norms on technical safety and prevention against depression and sinking, on the protection of water- Chapter II storing layers and the related environment, on land filling after exploitation. PROTECTING THE WATER RESOURCE 3. Organizations and individuals that exploit minerals or build underground works or build Article JO.- Responsibility to protect the water constructions for the exploration of underground water resource must comply with the order and norms on technical safety, prevention against the deterioration and I. The State agencies, economic organizations, depletion of underground water source and against political organizations, socio-political organizations, causing serious depression of the ground surface. social organizations, People's Armed Forces units and all individuals have the responsibility to protect the Article 13.- Protection of water quality water resource. 1. In the plan of socio-economic development of 2. The local administration at all levels has the the whole country and in each locality, there must be responsibility to protect the water resource in the a plan to prevent and fight against water pollution locality. and restore the quality of the polluted water source. 3. Organizations and individuals have th,· ~. The planning and management of the industrial responsibility to regularly protect the water resource areas. tourist areas, concentrated population areas, directly exploited or used by them. hospitals, major livestock raising and slaughtering areas, garbage dumping grounds, burial grounds for 4. The person who detects an act or sign of causing radioactive matters and waste, and cemeteries must harm or threatens the safety of the water source has comply with the provisions of this Law and the the duty to prevent, overcome or to inform legislation on the protection of the environment and immediately the local administration or the nearest ensure against pollution of the water source. agency and organization with a view to timely settlement. 3. It is strictly prohibited to introduce into the water source any noxious waste, unprocessed

Article 11.- Preventing and fighting deterioration discharge water or water that has been processed but and depletion of water source not up to the permissible standards as provided for by 36 OFFICIAL GAZETTE No.21 (31-7-1998) the legislation on the protection of the environment. Article 18.- Discharging waste water into water source Article J.1.- Protection of the quality of the source 1. Organizations and individuals using water for of water for living production, business and other activities must have 1. All organizations and individuals have the duty permission of the competent State agencies when they to carry out measures of environmental sanitation in discharge waste water into the water source. order to protect the source of water for living. 2. The granting of permit to discharge waste water 2. It is forbidden to discharge waste water or to into the water source must be based on the capacity introduce pollution-generated substance into the of receiving waste water of the water source and the sanitary protection zones of the living water providing assurance ofno pollution of the water source and the areas. protection of the water resource. 1he People's Committees at all levels shall define The Government shall make concrete provisions the sanitation protecting zones of the living water on the issuing ofpennit to discharge waste water into providing areas within the locality. a water source.

Article 15.- Protecting the quality of water in Article 19.- Rights and obligations of agricultural production, raising aquatic and marine organizations and individuals which are permitted to products, in industrial production and mining discharge waste water 1. Organizations and individuals using chemicals 1. Organizations and individuals that are permitted in agricultural production, raising aquatic and marine to discharge waste water into water sources have the products must not cause pollution of the water source. following rights: 2. Industrial production and mmmg a/ They are paid compensation for damage establishments must not discharge waste gas and according to the provisions of law if the competent unprocessed waste water or water processed not up to agency that issues the permit for waste water discharge the permissible standards into the air and the water changes the location or shortens the time-limit during source leading to the pollution of the water source. which the discharge of waste water is pem1itted; b/ They can lodge a complaint or file a legal action

Article 16.- Protecting water quality in other against an act violating the right to discharge waste activities water and other legitimate interests as prescribed by Organizations and individuals that exploit and use law. water resource for purposes of water communication 2. Organizations and individuals that are permitted and transport, sports, entertainments, tourism, to discharge waste water into water sources have the medicine, convalescence, scientific research and other following obligations: purposes must not cause pollution of the water source·, violations shall be handled according to the provisions al To process waste water in order to reach the of this Law and the legislation on protection of the permissible criteria before discharging waste water environment. into the water source; they shall haYe to pay compensation for damage if they violate the prescrip-

Article 17.- Protecting water source in urban areas tions on the discharge of waste water and cause damage. and concentrated population centers bi To pay the fee for permit issuing, the fee for 1. The People's Committees at all levels shall work discharging waste water into water sources as out plans and organize the implementation of the prescribed by law. processing of waste water in urban areas, and concentrated population centers within their localities Chapter III and ensure tl\e pern1issible criteria before discharging waste water into the water source. EXPLOITATION AND USE OF WATER 2. All acts of causing filling of the river beds, RESOURCE and illegally filling public ponds and lakes are strictly .forbidden. Article 20.- Regulating and distributing water No.21 (31-7-1998) OFFICIAL GAZETTE 37 resource provisions oflaw. 1. The regulation and distribution of water 3. They are entitled to compensation for damage resource for use puposes must be based on the in case their permits for exploitation and use of water planning of the river basin and the real potential of resource are withdrawn before term for national the water source and must ensure the principle of defense and security reasons or other national and fairness, reasonability and priority in the quantity and public interests as provided for in this Law and other quality of water for living. provisions of law. 2. In case of water shortage, the regulation and 4. They can lodge complaints and seek legal distribution must give priority to the living purpose. actions at the competent State agencies for acts of For other use purposes, the regulation and distribution violation of the right to exploit and use water resource shall be made according to the percentage defined in and other legitimate interests; the planning of the river basin and the principle of ensuring fairness and reasonability. 5. They enjoy State protection over their legitimate rights in the e:,..-ploitation and use of water resource. The Government shall make concrete provisions on the regulation and distribution of water resource.

Article 23.- Obligations of organizations and individuals that exploit and use water resource.

Article 21.- Diverting water from one river basin to another 1. Organizations and individuals that exploit and use water resource have the following obligations: I. The building of projects to divert water from one river basin to another must be based on the a/ To fully carry out the provisions oflaw on water national strategy on water resource, the planning of resource; related river basins, the socio-economic development plans of the localities in the related river basins and b/ To use water for the right purposes, econo- must take into full account the potentials of the river mically, safely and efficiently; sources, and the need for water and the impact on the environment. cl To supply information with a view to inventoring and evaluating water resource when 2. The competence in ratifying the projects of requested; diverting water from one river basin to another shall comply with the stipulations in Article 59 of this Law. di Not to cause obstruction or damage to the In cases related to international water sources, the legitimate exploitation and use of water resource by ratification of the projects shall also have to comply other organizations and individuals; with the provisions of Article 53 of this Law. e/ To protect the water resource under exploitation and use;

Article 21.- Rights of organizations and individuals that exploit and use water resource f/ To.fulfil their financial obligation, to compensate for the damage caused by themselves in the Organizations and individuals that e:-..l)loit and use exploitation and use of water resource as prescribed water resource have the following rights: by law. 1. They have the right to exploit and use water resource for purposes of living, agricultural, forestry 2. Organizations and individuals that exploit and and industrial production, mining, electricity use water resources where permits of the competent generating, water transport, aquaculture, sea fishery, State agencies are required, in addition to the salt making, sport, recreation, tourism, medicine, implementation of the prescriptions of Item 1 of this health rehabilitation, scientific research and other Article, they also have to implement the tenus under purposes as prescribed by this Law and other the permit. provisions of law.

Article 24.- Issuing permits for exploitation and 2. They are entitled to benefit from the exploitation use of water resource and use of water resource, to assign, lease, legate and mortgage their properties for investment in the 1. Organizations and individuals that exploit and ex~loitation and use of water resource, and to develop use water resources must get permission from the water resource as prescribed by this Law and other competent State agencies except the cases stipulated 38 OFFICIAL GAZETTE No.21 (31-7-1998) in Item 2 of this Article. contribute manpower and finance to the exploitation and treatment of water for living and clean water as 2. Cases in which permission is not required: prescribed by the competent agencies and organizations. a/ To exploit and use sources of surface water and underground water of small scale for family use in living; Article 26.- Exploitation and use of water resource for agricultural production b/ To exploit and use sources of surface water and underground water of small scale for the family in 1. The State shall invest in and support the agricultural, forestry production, aquaculture, small exploitation and use of water resource for agricultural industry and handicraft production, hydropower production. generation and other purposes; 2. Organizations and individuals exploiting and c/ To e~-ploit and use sources of sea water of small using water resource for agricultural production must scale for family use in making salt and raising marine take measures to save water, prevent and combat products; acidity and salinity of water, slushiness and erosion without polluting the water source. d/ To exploit and use rain water, surface water and surface sea water already assigned or leased 3. Organizations and individuals can only exploit according to prescriptions of law on land, the and use waste water after ensuring that the quality of provisions of this Law and other prescriptions oflaw; water meet the prescriptions of the competent State agency for agricultural production. e/ The other instances shall be prescribed by the Government Article 2 7.- Exploitation and use of water resource for salt making and raising of aquatic and marine The Government shall provide for the issue of products permits and for the e).-ploitation and use of water on small scale within the family mentioned in this I. The State encourages investment in the Article. e).-ploitation and use of sea water for salt production. Organizations and individuals using sea water to

Article 25.- E:-.-ploitation and use of water resource produce salt must not cause the infiltration of salinity for living and adverse impact on agricultural production and on the environment. 1. The State shall give priority to the exploitation and use of water resource for living purposes through 2. Organizations and individuals can use waste the following measures: water only after satisfying that the quality of water meets the prescriptions of the competent State agency a/ To invest in and support the projects of supply for aquaculture and the raising of marine products. of living water, clean water, to give priority to the The exploitation and use of water resource for the areas with exceptional scarcity of water, areas with exploitation, raising of water and marine products difficult socio-economic conditions, areas with must not cause the deterioration and depletion of the exceptionally difficult socio-economic conditions, and water sources or obstruction to the current or damage areas with heavily polluted water sources; to the water conservancy works, impede water navigation or cause salinisation of the water source b/ To encourage organizations and individuals in and the agricultural land. the country and foreign organizations and individuals to invest in the exploitation of water sources for living.

Article 28.- Exploitation and use of water resource 2. The People's Committees at all levels and the for industrial production and mining competent State organizations shall have to work out and carry out planning, plans and projects for supply 1. Organizations and individuals that exploit and of living water and clean water, and carry out urgent use water resource for industrial production must saYe measures to ensure water for living in case of natural water. They are encouraged to use running water, re- calamities or accidents causing shortage of water. use water and must not cause pollution of the water resource. 3. Organizations and individuals that are supplied with water for living and clean water shall have to 2. Organizations and individuals that e:-.ploit and No.21 (31-7-1998) OFFICIAL GAZETTE 39 use water resource for mining must take measures to Article 32.- Making artificial rain treat water and reintroduce it· into the source as planned after using water. The making of artificial rain must be based on the requirement in water of the water deficient area and the pem1issible conditions in order to decide on the

Article 29.- Exploitation and use of water sources rational measures and scale and must be permitted for hydro-electricity by the competent State agency. I. The State encourages the exploitation and use of water sources for hydro-electricity. Article 33.- Right to conduct water through Organizations and individuals exploiting and 2. The building of hydroelectric works must using water resource and discharging waste water into comply with the planning of the riYer basin and the the water source legally are entitled to conduct water prescriptions on environmental protection. through the contingent land or property under the 3. Organizations and individuals that e:\.-ploit and management and use right of other organizations or use water sources for hydro-electricity must comply individuals as stipulated in this Law and the Civil with the process of operating and regulating water Code. ratified by the competent State agency, ensure the integrated use of the water sources except for the Article 34.- Prospecting and exploiting exploitation and use of water sources for hydro- underground water electricity on small scale for family use. I. Organizations and individuals that prospect and exploit underground water must get permission from

Article 30.- Exploitation and use of water sources the competent State agency except for cases stipulated for water navigation in Points a and b ofltem 2 of Article 24 of this Law. 1. The State encourages the ei-ploitation and use 2. The issue of permits for exploiting underground of water sources to develop water navigation. water must be based on the result of basic survey and prospection of underground water and its potential 2. Water navigation activities must not cause and reserve. pollution of the water sources, or hamper the current or damage the bed and banks of the current and 3. Organizations and individuals conducting constructions on the current; in case of damage probing drills, geological surveys and prospection and compensation must be paid according to prescriptions construction of underground water works must have of law; operation permits. 3. The building of constructions and the planning of water navigation lines must comply with the Article 35.- Addition and change to the goal and planning of the river basin and the planning of the scale of exploitation and use of water resource development of the coastal areas. Organizations and individuals that are permitted to exploit and use water resource shall have to get the 4. The building and management of other permit from the competent State agency when they constructions related to the water source must ensure make additions or changes to the purpose and scale safety and nom1al operation of the water transport of the exploitation and use. If they cause damage they means and must not adversely affect the environment. shall have to pay compensation as prescribed by law.

Article 31.- Exploitation and use of water resource for other purposes Chapter IV Organizations and individuals exploiting and using water resource for scientific research, medicine, PREVENTING, COMBATING AND health rehabilitation, sport,. entertainment, tourism, OVERCOMING THE CONSEQUENCES the building of houses on water surface and for other OF FLOODS AND OTHER HARMFUL purposes must.ensure rational and economical use of EFFECTS OF WATER water, must not cause deterioration or depletion of the water source, or impede the current or cause , Article 36.- Responsibility and duty to prevent, salinisation and other adverse effects on the water fight and oYercome the consequences of flood and source. other harmful effects of water 40 OFFICIAL GAZETTE No.21 (31-7-1998) I. State agencies, economic organizations, flood-prone regions must comply with the general political organizations; socio-political organizations, plan for prevention and combat against floods of the ·social organizations, People's Armed Forces units and river basin and with the characteristics of floods in all individuals have the duty to take part in the each region. prevention, fight against and overcoming the consequences of flood and other harmful effects of 2. The building of stores for food, noxious water. substances, explosives, fuel, essential materials and other important assets in the area of flood diversion, 2. The Government shall decide and direct the flood delay, and areas prone to flood must comply Ministries, branches and the People's Committees at with the overall plan of preventing and combating Yarious levels to carry out measures to prevent, fight flood of the river basin and must have the permission and overcome the consequences of flood and other of the-competent State agency. harmful effects of water.

Article 39.- Water reservoirs and the preventing 3. The Ministries, branches and the People's and fight against flood Committees at various levels shall, within their tasks and powers, decide and organize the implementation 1. The building of water reservoirs must comply of measures to prevent, fight and overcome the with the proYisions of Article 5 of this Law and ensure consequences and other harmful effects of water. the norms for prevention and fight against flood.

Article 37.- Setting norms and plans to prevent 2. Organizations and individuals that manage, and combat floods exploit and protect the water reservoirs must have a plan to ensure the safety of the construction, to prevent 1. The State managing agency on water resource and combat flood at the lower reaches in conformity has the duty to set the norms for preventing and with the general plan of prevention and combat fighting floods in each area of the river basin as basis against flood in U•c river basin and must strictly carry for the planning and building constructions and out the process of operation of the reservoir already programs for preventing and fighting floods in the approved by the competen~ ~tate agency. river basin. The Government shall provide for the appointment 2. The Ministries, branches and People's and assignment of responsibility for each level in Committees at various levels shall base themselves operating the major water reservoirs. on the norms for preventing and combating floods in each area of the river basin and the program of Article 40.- Decision on flood diversion and preventing, and combating floods in the river basin delaying to work out plans of each Ministry, branch and locality to prevent and combat floods. 1. In emergency situations when the dyke system is seriously threatened, the Prime Minister shall decide 3. Basing themselves on the general plan for measures to divert or delay the flood related to the preventin'E and combating floods, the Ministries, provinces and cities directly under the Government branches and People's Committees at various levels upward according to the plan already approved by shall work out their O\\n plans of preparing manpower, the Government; the Presidents of the People's materials, means and other necessary conditions to Committees of the provinces and cities directly under handle the situation when flood occurs. the Central Government shall decide measures of flood diversion and delaying in the locality according 4. The State managing agency in meteorolOI,'Y has to the plan already approved by the Prime Minister. the responsibility to organize the observation and forecast and issue timely information on rain, flood 2. The Government shall make concrete provisions and the rising of sea water on the national scale. for the ermergency situations which warrant the diversion or delaying of floods and measures to evacuate the population safely, ensure production and

Article 3 8. - General plan of distributing the life of the population, overcome the consequence of population, distributing production and building the flood and proYide relief for the population of the areas infrastructure in the flood-prone regions affected by the flood diversion and delaying. 1. The planning of the population, distributing production and building the infrastructure in the Article ./1.- Mobilizing manpower and means for No.21 (31-7-1998) OFFICIAL GAZETTE 41 the prevention and combat against flood and drainage of the locality. overcoming the consequence of flood 3. The State shall invest in and support the 1. In emergency situations, the Prime Minister and building, exploitation and protection of the drainage the Presidents of the People·s Committees at various works witl1 priority given to the especially vital areas. levels have the right to mobilize manpower, materials and means of any organization and individual to Article .:/3.- Preventing, combating and rescue victims, rescue constructions and properties overcoming the consequence of drought threatened or damaged by flood and shall take responsibility for their decision. 1. The State shall invest in and support the building of water consen·ancy works in the areas 2. The mobilized organizations and individuals frequently affected by drought in order to provide must carry out tl1e decisions of the competent State water source for living, production and to prevent and agency. fight forest fires. 3. Organizations and individuals that have 2. Organizations and indiYiduals have the duty to materials and means mobilized according to the take part in the prevention, fight against and decision of the competent State agency shall receive overcoming the consequence of drought. compensation according to prescriptions of law if damage is done to them. 3. The State managing agency on water resource, the People's Committees at various levels have the 4. If dykes or constructions to prevent and fight responsibility to work out the plan and organize and against flood or any construction related to the direct effectively the prevention, fight against and prevention and fight against flood are meeting with overcoming of the consequence of drought. accidents or are threatened with accident, the local authorities must mobilize manpower, material and 4. The State managing agency on metereology has means to protect and rescue them according to the the responsibility to supply in time information and provisions of Article 51 of this Law and must report forecast about metereology in service of the prevention it to the managing agency of the works and the higher and fight against drought. authorities.

Article 44.- Prevention and fight against salinity 5. The Government shall decide and direct the infiltration, rising and spill of sea water Ministries, branches and the People's Committees at various levels to conduct the overcoming of the I. The State shall invest in and support the consequence of flood. building of sea dykes and anti-saline and fresh water retaining dams, in the protection and development of 6. The Ministries, branches and People's protection forests against sea waves, against salinity Committees at various le,·els shall, \\ithin the ambit infiltration and the rising and spilling of sea water. of their tasks and powers, have the responsibility to organize the carrying out of measures to overcome 2. The management and operation of anti-salinity the consequence of flood. and fresh water retaining dams and water resen•oirs, and current regulating works must comply with the

Article 42.- Draining flooded areas process and rules of ensuring the prevention and fight against salinity infiltration. I. The People's Committees of the provinces and cities directly under the Central Government 3. The prospection for and exploitation of frequently subjected to water logging must build and underground water in the coastal areas must ensure organize the implementation of a plan of drainage in the prevention and fight against salinity infiltration line with the planning of the river basin and the for the underground water holding layers. requirement for socio- economic development and the protection of the environment. Artic:le .:15.- Prevention and fight against hail and acid rain 2. The Ministries, branches, People's Committees at various levels and the related organizations and 1. The State managing agency on meteorology indh·iduals have the responsibility to coordinate shall have to supply in time infonnation and forecast effons in carrying out the drainage according to the on the possibility of hail and warn the population in assignment of responsibilities in the general plan of time with a view to taking measures of preYention. 42 OFFICIAL GAZETTE No.21 (31-7-1998) fight against and reduction of damage. benefit from water conservancy works must discharge their financial obligation according to provisions of 2. Organizations and individuals shall have to take this Law and other prescriptions of law. measures to treat waste gas as prescribed by t11e law on environmental protection in order to avoid causing

Article 48.- Responsibility to protect water acid rain. If damage is caused by acid rain due to conservancy works untreated gas, compensation shall have to be paid according to prescriptions of law. 1. All organizations and individuals have the responsibility to protect water consenrancy works.

Article 46.- Funding to prevent, combat and overcome the consequence offlood, drought and other 2. The Government shall decide and direct the s.erious effects of water Ministries, branches and People's Committees at various levels to carry out the protection of water Funding to prevent, combat and overcome the conservancy works. serious effects caused by water include: 3. The People's Committees at various levels have 1. The State budget for the building and the responsibility to protect water conservancy works reinforcement of dykes and other works to prevent in their localities. and fight flood and drought and other serious effects caused by water; 4. Organizations and individuals that manage and e~-ploit water conservancy projects must take direct 2. The reserve State budget to be spent on the responsibility for protecting the projects. overcoming of the consequences offlood, drought and other serious effects of water; 5. The person or persons who detect acts or signs of damage or danger to the safety of water consen1ancy 3. The fund for preventing and fighting against works has(have) the responsibility to prevent and flood and stonns of the locality contributed by the overcome it or to report it immediately to the local population according to prescriptions of the administration, or to the nearest managing unit, or Governmen~ the nearest agency and organization ·with a view to timely handling. 4. Aid from organizations and individuals in the country; from foreign governments, foreign organizations and individuals and international Article 49.- Plan to protect water conser\'ancy organizations. works 1. Organizations and individuals who manage and Chapter V exploit water conservancy works must work out the plan to protect it. EXPLOITATION AND PROTECTION OF 2. The Government shall make concrete provisions WATER CONSERVANCY WORKS on the competence to ratify and allocate responsibilities in carrying out the plan to protect the

Article 47.- Exploitation and protection of water water conservancy works. conservancy works

Article 50.- Area of protection of water conservancy 1. Each water conservancy works must be placed works under the direct managing, exploitation and protection responsibility of an organization or individual decided I. The area of protection of the water consen1ancy by the competent State agency. works include the works itself and the neighboring areas. 2. Organizations and individuals that exploit a water conservancy works must conform with the The definition of the area of the neighborhood general plan, process, rules and technical standard must be based on the characteristics of the works, the and other regulations on exploitation of construction designing criteria and must ensure safety of the works, works of the investment project ratified by the the conveniency for the operation, repair, maintenance competent State agency. and management of the works. 3. Organizations and indiYiduals that exploit and 2. Organizations and individuals that manage and No.21 (31-7-1998) OFFICIAL GAZETTE 43 e:1..'Ploit the water conservancy works must determine to the water conservancy works within the area of the area of protection of the water conservancy works protection of the works, including: and work out the plan to use land of the neighborhood according to the ratified prescriptions of the a/ Drilling and digging soil and stone, building Government submitted to the competent State agency. illegal constructions \\<ithin the area of protection of the water conservancy works and in the river bed or 3. Organizations and individuals that conduct river banks causing unsafety to the works and affecting activities within the protection area of the water the quick drainage of flood; consen·ancy works and that may cause unsafe!)' to the works must be permitted by the competent State b/ Using the dykes, embankments and culverts for agency. navigation and transport thus causing unsafety to the dykes; The Government shall make concrete provisions on the area of protection of the water conservancy c/ Using explosives causing damage , unauthorized works, the competence in ratif_ving the area of removal or filling of water conservancy works in protection of the water conservancy works and other service of public utilit)1; permitted activities within the area of protection of the water consen·ancy works. d/ Building supplementary water conservancy works to the existing works without prior approval

Article 51.- Dyke protection of the competent State agency. 1. All organizations and individuals have the 3. To operate water conservancy works contrarily responsibility to regularly protect the dykes and related to the prescribed technical process and rules; constructions. 4. Other acts that cause unsafety to the water 2. Dyke reinforcement shall have to be conducted const::rv:mcy works. regularly in the flood and storm season and must assure timely dyke rescue when the dyke is threatened Chapter VI by flood or stonn or is in danger of being threatened by flood and storm INTERNATIONAL RELATIONS IN WATER RESOURCE 3. The Government shall decide and direct the Ministries, branches and People's Committees of various levels to look after the safety of the dykes. Article 53.- Principles in international relations in water resource 4. The ministries, branches and People's The Vietnamese State shall apply the following Committees of all levels shall, within their respective principles in the basic survey, protection, exploitation tasks and power, have to organize the dyke and use of international water sources; in the reinforcement, protection and rescue so as to ensure prevention, fight against and overcoming the harmful the safety of the dykes. effect of water; in international cooperation and On the basis of the provisions of this Law and the settlement of disputes on international water sources: legislation on dykes, the Government shall make concrete provisions on the distribution of work and 1. Respect for the sovereign!)', territorial integrity the allocation of responsibilities in the protection of and interests of the countries sharing the same source the dykes. of water; 2. Ensuringjustice, reasonability, mutual benefit

Article 52.- Forbidden acts in the management, and sustainable deYelopment in exploiting and use of exploitation and protection of water conservancy international water sources; works 3 Not to harm the rights and interests of the The following acts are strictly forbidden: countries sharing the same source of water in 1. To e11croach upon and illegally use land within conformit) with the international conventions which 1 the area of protection of the water conservancy works, the Socialist Republic of Vietnam has signed or to conduct activities that obstruct the management, acceded to; repair and handle the works in case of accident; 4. Observance of Vietnamese law and 2. To conduct illegal activities that cause unsafety implementation of the international conventions which 44 OFFICIAL GAZETTE No.21 (31-7-1998) the Socialist republic of Vietnam has signed or acceded overcoming the harmful effects of water among to~ and respect for international law. countries sharing the same water sources including Vietnam shall be settled by the Vietnamese State and

Article 54.- Responsibility of protecting the rights the related States on the basis of negotiations in and interests of Vietnam with regard to international confom1ity with the international conventions which water sources the Socialist Republic of Vietnam has signed or acceded to and with international practice; I. All organizations and individuals have the responsibility to protect the sovereignty of the national 2. All disputes on international water sources territory along the border on the sea and in the rivers arising in the river basin involving an international and streams between Vietnam and neighboring river basin organization v,ith the participation of the countries or in international sea areas. Socialist Republic of Vietnam shall be settled by the Vietnamese State and the related States in the 2. Organizations and individuals have the framework of that international river basin responsibility to protect the rights and interests of the organization as prescribed by the international Vietnamese State i~ the basic survey, protection, conventions which the Socialist Republic of Vietnam exploitation and use of water resource, in the has signed or acceded to. prevention, fight against and overcoming the harmful effects of water, protection of the environment related Chapter VII to the international water sources as prescribed by this Law and other provisions of Vietnamese law. STATE MANAGEMENT OF WATER RESOURCE

Article 55.- International cooperation in the management and development of water resource

Article 57.- Contents of State management of 1. The Vietnamese State shall broaden cooperation water resource with foreign countries, organizations and individuals State management of water resource comprises the in the basic smvey, protection, exploitation, use and folJowing: development of water resource; in the training of personnel, in scientific research in water resource; in I. To elaborate and direct the implementation of the prevention, fight against and overcoming the the strategy, general planning, plans and policies harmful effects of water. regarding the protection, exploitation, use and development of water resource; the prevention, combat 2. The Vietnamese State encourages the exchange against and overcoming the harmful effects of water; of information related to international water resource, coordination in research and planning for the 2. To issue and organize the implementation of protection, exploitation and use of international water the legal documents, the process, rules and criteria sources, coordination in planning the prevention, on water resource; combat against and overcoming the harmful effects of water as prescribed by law; create favorable 3. To manage the basic survey of water resource; conditions for the management, elaboration and issue meteorological forecast, warning against flood, implementation of projects to increase the common drought and other hannful effects of water; to organize interests and limit the damage to the population of the research and application of scientific and the countries sharing the same water sources. technological advances, to keep files on water resource;

Article 56.- Settling disputes on international 4. To issue and revoke permits on water resource; water sources In settling disputes on international water sources 5. To decide measures and mobilize manpower, related to countries in the river basin, besides applying materials and means to prevent, combat and overcome the principles set in Article 53 of this Law, the the consequences of flood and drought and handle following prescriptions shall also have to be complied the accidents to the water conservancy works and other with: harmful effects of water. 1. All disputes on sovereignty in the basic survey, 6. To inspect and inspect the implementation and protection, exploitation and use of international water handle the violations of law on water resource; to settle •sources, in tl1e prevention, combat against and disputes, complaints and denunciations about the No.21 (31-7-1998) OFFICIAL GAZETTE 45 violations of the law on water resource; agencies attached to the Government, the People's Committees of the provinces and cities directly under 7. To handle international relations in the domain the central government, basing themselves on the of water resource; to carry out international planning on water resource shall ratify the draft conventions on water resource which the Socialist projects on water resource on assignment of powers Republic of Vietnam has signed or acceded to; and allocation of responsibilities from the Government. 8. To organize the managing apparatus, to train personnel, to educate on and popularize the legislation 5. The Government shall provide for the on water resource. assignment of powers and the allocation of responsibilities to ratify the plans and draft projects

Article 5 8. - Management competence of the State stipulated in Items 2,3 and 4 of this Article. on water resource

Article 60.- Basic survey, inventoring and 1. The Government exercises unified State evaluation of water resource management of the water resource. 1. The Government exercises unified management 2. The Ministry of Agriculture and Rural of the basic sun'ey on water resource. Development is answerable to the Government for the carrying out of the State management function on 2. The Ministries, ministerial~level agencies, the water resource. agencies attached to the Government shall conduct the basic survey, inventoring and evaluation of water 3. The Ministries, ministerial-level agencies, and resource according to the assignment of the agencies attached to the Government shall carry responsibilities by the Government. out the function of State management over water resource as assigned by the Government. 3. The Ministry of Agriculture and Rural Development shall synthesize and manage the results 4. The People's Committees of the provinces and oftl1e basic sun•ey, inventory, assess tl1e water resource cities directly under the Central Government shall and build the database on water resource. take responsibility for conducting State management over water resources within their localities as 4. The People's Committees of the provinces and prescribed by this Law, other regulations of law and cities directly under the Central Government shall as assigned by the Government organize the conduct of basic sun ey, inventory and 1 evaluate the water resource in their localities on 5. The system of organization and the tasks and assignment from the Government and under the powers of the State managing agency on water guidance of the related Ministries and branches. resource under the Ministry of Agriculture and Rural Development and the People's Committee at various The Governn1ent shall make concrete provisions levels shall be prescribed by the Government. for the assignment of work and responsibilities and on the management of the result of the basic survey

Article 59.- Competence in ratifying the general on water resource. planning and projects on water resource

Article 61.- Competence in issuing and revoking 1. The National Assembly shall decide on the permits on water resource policy of investing in important national works on water resource. The distribution of work and assignment of competence in issuing and revoking permits on water 2. The Government shall ratify the list and general resource must ensure the unified and concentrated planning of the major river basins and important managerial right of the Government and protect the projects on water resource. right of organizations and individuals to legally exploit and use water resource. 3. The Ministry of Agricultur~ and Rural Development shall ratify the general planning on river The Government shall make concrete provisions basins, tl1e general planning on water conservancy on the competence in issuing and revoking pem1its on assignment from the Government. in water resource. 4. The Ministries, ministerial level agencies, the Article 62.- Settling disputes on water resource 46 OFFICIAL GAZETTE No.21 (31-7-1998) 1. The State encourages conciliation in the of the implementation of the planning of the basins disputes on water. resources. of the affluents; The People's Committees of the communes, wards cl To suggest the settlement of disputes on water and townships have the responsibility to coordinate resource in the river basin. with the agencies, organizations and individuals in the reconciliation of the disputes on water resources 2. The agency managing the planning of the river in confonnity with the prescriptions of law. basin is a non business agency of the Ministry of Agriculture and Rural Development. 2. The competent State agency which has issued a certain kind of permit on water resource shall have to The Government shall make concrete provisions settle complaints arising from the carrying out of that for the organization and activities of the agency permit In case the person in question disagree with managing the planning of the river basin. the decision on settling tl1e complaint, he has the right to send the complaint to the competent State agency Article 65.- Guiding and commanding the or start a· regal action at the Court as prescribed by prevention, combating and overcoming the law. consequence of floods 3. Other disputes on water resources shall be 1. The Central Committee to direct the prevention settled according to prescriptions of law. and fight against floods and storms and the Committee to command the prevention and fight against floods Artic:le 63.- National Water Resource Council and storms of the Ministries, branches and localities have the responsibility to direct and command the 1. The Government shall set up the National Water prevention, fight against and overcoming of the Resource Council to provide consultancy for the consequence of floods according to the provisions of Government· in the important decisions on water this Law and other prescriptions of law. resource that come under the tasks and powers of the Government 2. The Ministry of Agriculture and Rural Development is the standing agency of the Central 2. The National Water Resource Council shall be Committee to direct the prevention and fight against composed of a President of the Council who is a floods and storms. Deputy Prime Minister, a standing member who is the Minister of Agriculture and Rural Development, and other members who represent a number of Chapter VIII Ministries, branches and localities together with a number of scientists and specialists. SPECIALIZED INSPECTION ON WATER RESOURCE 3. The concrete tasks and powers of the National Water Resource Council shall be defined by the Article 66.- Tasks of the Specialized Inspector on Government water resource

Article 64.- Management of the river basin I. The Specialized Inspector on water resource has planning ·the follo'wing tasks: l. The management of the river basin planning a/ To inspect the elaboration and implementation comprises the follov,ing: of the general plan, plans and programs of protecting, exploiting and using water resource; preventing , a/ To elaborate, submit for approval and follow combating and overcoming the harmful effects of the implementation of the planning of the river basin, water; to ensure the unified management of the planning combined with tlle administrative zoning; b/ To inspect the observance of the process , rules and technical norms on the protection, e>..-ploitation b/ To conduct the coordination with the concerned and use of water resource. protection, combating and agencies of the Ministries, branches and localities in overcoming tlle harmful effects of water. the basic survey, inventoring and evaluation of the water resource of the river basin, and in the cl To inspect the issue and revocation of permits elaboration, submission for approval and monitoring on water resource and the observance of permits on No.21 (31-7-1998) OFFICIAL GAZETTE 47 water resource; 2. The other organizations and individuals have the responsibility to create conditions for the di To coordinate with the State Inspector, the Inspection Team and the Inspector to carry out their specialized Inspectors of the Ministries, branches and tasks. localities in the inspection of the observance of the law on water resource and other activities related to Article 69.- Right to complaint, denunciation and water resource. suing 2. To conduct specialized inspection on water l. Organizations and individuals that are object resource under the Ministry of Agriculture and Rural of inspection have the right to complain or file a suit Development and discharging the function of about the decision or measure of handling taken by specialized inspection on water re!>~urce. the Inspection Team or the Inspector as prescribed by The Government shall make concrete provisions law. for the organization and activities of the Specialized 2. Individuals have the right to denounce to the Inspector on water resource. competent State agency the violations of law on water resource.

Article 67.- Competence of the Specialized Inspector on water resource 3. The agency that receives the complaint, denunciation or legal suit has the responsibility to I. In the process ofinspection, the Inspection Team consider and settle in time as prescribed by legislation and the Inspector have the following rights: on complaint, denunciation and other prescriptions oflaw. a/ To ask the concerned organizations and individuals to supply documents and information and answer necessary questions; CltapterIX b/ To collect and verify the evidences and REWARDS AND HANDLING OF documents related to the contents of the inspection VIOLATIONS and conduct measures of on-site technical control; d To decide to stop the activities of exploitation Article 70.- Rewards and use of water resource, discharge of water into the Organizations and individuals with good records water source without permit; suspend the activities in the protection, exploitation and use of water of e:q>loitation and use of ·water resource, discharge resource, in the prevention, combat and overcoming of waste water and other activities liable to cause the harmful effects of water, in the fight against acts serious harm to the water source and unsafety to the ofviolation against legislation on water resource shall water conservancy works; at the same time to be rewarded according to provisions of law. immediately inform the competent State agency for settlement; Article 71.- Handling of violations di To handle according to their competence or 1. Persons who take acts causing serious proP.ose to the competent agency to handle the deterioration and depletion of the water source, who violations of law on water resource. do not comply with the mobilization by the competent State agency when an accident on water source occurs, 2. The Inspection Team and the Inspector must who sabotage or cause unsafety to water conservancy take responsibility before law for their decisions. works, who fail to discharge their financial duty as prescribed by this Law or who violate the other

Article 68.- Responsibility of organizations and prescriptions of law on water resource shall, individuals for the activities of the Specialized depending on the nature and level of the violation, be Inspector on water resource subjected to discipline, administrative fine or examined for penal liability. If they cause damage they 1. Organizations and individuals that are objects shall have to pay compensation as prescribed by law. of inspection have the duty to cany out the requests of the Inspection Team or the Inspector and the 2. Those who misuse position and powers to decision of the Inspection Team or the Inspector. violate or cover up persons who violate the 48 OFFICIAL GAZETTE No.21 (31-7-1998} prescriptions regarding the issue of permits on water resource and other provisions of this Law, who illegally use tl1e collections of water charge and fees shall, depending on the nature and level of the violation, be disciplined or examined for penal liability. If they cause damage they shall have to pay compensation as prescribed by law. ChapterX IMPLEMENTATION PROVISIONS

Article 72.- Prescriptions for permits on water resource issued before the Law on Water Resource takes effect Organizations and indiYiduals that are issued permits on water resource before this Law takes effect and the penuits are still valid and not contrary to the provisions of this Law shall continue to apply the provisions of these permits unless they voluntarily apply for a new pennit as prescribed by this Law.

Article 73.- Application of the Law 011 Water Resource to foreign organizations and individuals This Law shall apply to the activities in the protection, exploitation and use of water resource, in the prevention, combat and overcoming the harmful consequences of water on Vietnamese territory by foreign organizations and individuals unless otherwise stipulated by international conventions which the Socialist Republic of Vietnam has signed or acceded to.

Article 74.- Implementation effect This Law takes effect from the 1st ofJanuary 1999. The earlier prescriptions which are contrary to this Law are now annulled.

Article 75.- Detailed provisions and guidance for implementation The Government shall make detailed provisions and guide the implementation of this Law. This Lau· ll'GS passed on the 2D11' ofMay, 1998 by the 3 rd Session of the l\'ational A.ssemb(v of the Socialist Republic of Vietnam, X,;, Legislature. Chairman "ftlte National Assembly NONG DUC MANH