Decree No. 179/1999/ND-CP stipulating the implementation of the Law on Water Resources

20 No. 7 (22-2-2000) THE GOVERNMENT DECREE No.179/1999/ND-CP OF DECEM BER 30, 1999STIPULATINGTHE IMPLE MENTATJON OF THE LAW ON WATER RESOURCES THE GOVERNMENT P11rs11an1 lo the lal1' on Organization of !he Government o(Seplember 30. 1992: Pursuant to the Law on Water Reso11rces of May 20. 1998.· At rhe proposal of the Minister of Agriculture and Rural Development. DECREES: Chapter I GENERAL PROVISIONS Article 1. 1. This Decree prescribes the management, protection, exploitation and use of the \Yater resources: the discharge of waste water into water sources: the granting of permit(s) related the water resources. as "ell as the prevention of, combat against and m ercoming of hannful effects caused by water. 2 This Decree also defines activities causing sea ,vater pollution: and regulates the planning of construction of projects on the sea such as navigation, water consen ancy, aquatic resource ,vorks and other works: acti,ities related to the building of sea dikes and seaward encroachment, flood drainage: prevention of and combat against salinity infiltration, tidal rise and overf!o\\; salt making, aquatic and marine product culture and other relevant activities. 3. Regarding the sanctioning of administrative violations in the field of water resources as well as the organizational structure, specific functions, tasks and powers of the agencies in charge of State management over water resources, the Government shall promulgate separate regulations. No. 7 (22-2-2000) OFFICIAL GAZETTE 21 Article 2.- The rive basin zoning stipulated in Clause l. Article 5 of the Law on Water Resources is specified as follo\\'s: 1. The ri,cr basin zomng must ensure the requirements for integrated use of water sources: meet the demands for water supply in sen-ice of daily life, agricultural. forcstrial and industrial production, mining. electric po,,cr generation, ,rntenyay na,igatio11- aquatic and marine product culture, salt making, sports. entertainment tourism, healthcare. convalescence. scientific research and other purposes: and ensure the requirements for prevention of and combat against flood, drought and other harmful effects caused by water. 2. The d1stributary river basin zoning, the planning of,, atcr conscn-ancy ,,ork systems and the specialized plannings for flood and drought pre,ention and combat water supply and drainage, ,, atcrn a: nm igation, hydroelectric power planning and other ,,atcr exploitation and use plannings must be based on the ri,cr basin zoning. Chapter Il PROTECTION OF WATER RESOURCES Article 3. - The prevention of and combat against the water source deterioration and depiction stipulated in Clause I, Article 11 of the Lm, on Water Resources arc specified as follows: I. The Mi111stry of Agriculture and Rural DcYclopmcnt shall assume the prime responsibility and coordinate with the concerned ministries and branches and the People· s Committees of the pro,inccs and centrally-run cities in: a/ Orga111zing the survey and assessment of deteriorated and depicted \Yater sources: b/ Planning the protection and dcYclopmcnt of forests in confonnity \\ith the ri,er basin zoning in order to protect the water resources, prc,cnt and combat flood and drought: cl Working out plans for restoration, upgrading, supplemcntar: construction and renovation of water consen anc, \\ orks in order to raise their water supply capability and restore the deteriorated and depleted \\ater sources: d/ Inspecting and supenising the exploitation and use of underground water; devising timely measures · . to protect underground water sources in regions and/ or areas which are in danger of ,,atcr resen-e depletion and pollution: e/ Inspecting and supcn·ising places where ,, aste water is discharged into ,rntcr sources: stipulating the application of measures to treat waste ,,ater according to provisions of la\\. 2. The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate \\ith the Ministry of Planning and Ill\ estmcnt. the Ministry of Finance and the concerned ministries and branches in \\ orking out plans for use of annual funds for implementation of prO\ isions in Clause 1 of this A1iiclc. then submit them to the Prime Minister for dcciswn Article 4.- The plans for pre, cntion of and combat against water source pollution stipulated in Clause L Article 13 of the Law on Water Resources arc specified as follows: l. The Ministry of Agriculture and Rural Dc-clopment, the Ministr: of lnduslf:' and the General Department ofMcteorolog: and Hydrology shall, within their respcctiYe functions and tasks, have to coordinate with the concerned ministries and branches and the People ·s Committees of the proyinccs and centrally-rnn cities in: a/ Building the net,rnrk of stations for sun,cying and re-assessing the qualit: of surface and underground water: gathering data and setting up a data base: bf Working out plans forprc\ention and treatment of \Yater source pollution. 2. The Ministry of Agriculture and Rural Dc,elopment, the Ministr: of Industr: and the General Department of Meteorology and Hydrology shall coordinate with the Ministry of Planning and Im cstment in ,rnrking out annual funding plans for implementation of pro,isions in Clause l of this Article, then submitting them to the Prime Minister for decision. Article 5. - The granting of pern1its to discharge waste ,,ater into water sources stipulated in Article 18 of the La,, on Water Resource is specified as follows: 1. Subjects to be granted pennits: Organizations and indi,iduals that use water in their production, business and/or scientific research acti,ities, hospitals, urban centers, densely populated 22 OFFICIAL GAZETTE No. 7 (22-2-2000) areas and other activities, must apply for penruts from the competent S tatc management agency(ies) defined in Clause 5 of this Article if they discharge waste water into ,cvater sources. 2. Grounds for granting pennits: The granting of pem1its for discharge of waste ,,ater into ,,atcr sources must be based on: a/ The Law on Water Resources and other rcle, ant legislation: b/ The planning for protection, exploitation and use of ,,ater sources and pre,ention of and combat against harmful effects caused by water in ri,cr basins. as ,,ell as the planning on systems of water conscn·ancy works: c/ The ,vatcr sources· capacity to take in ,,astc water: and the criteria of waste ,.vatcr: d/ Proposals of the agcncy(ics) managing the river basin zoning: and organizations and indi,iduals managing and exploiting water consen1ancy works. 3. Duration ofpem1its: a/ Permits for discharge of waste ·water into ,,ater sources shall be Yalid for from 3 to 5 years: b/ For a permit of which the use duration has expired, the agency competent to grant such pcrmft shall decide its extension but each extension must not exceed 3 years: c/ The use duration of a pcnnit may be changed in one of the following cases: The water source is incapable of taking in waste ,,atcr: The ,vater use demand is on a sharp rise, thus leading to much larger volume of waste water, but no remedial measure has been taken to overcome this situation: Other extraordinary circumstances occur, under which the discharge of \Yaste water must be restricted. 4. The ,vithdra,,al and suspension of permits: The withdrawal or suspension of use Yalidity of permits for discharge of vvaste water into water sources shall be effected in the following cases: a/ Organizations and/or individuals that discharge waste water breach contents stipulated in their pem1its: b/ Organizations and/or individuals !}lat discharge waste water violate the provisions in Clause 2, Article 19 of the Law on Water Resources: c/ Organizations and/or individuals that discharge waste ,vater into water sources are dissolved, transferred or declared bankrupt: d/ Such pem1its have been granted ultra vires: e/ Such pennits have been left unused for 1 year without any plausible reasons: f/ The competent State agencies deem it necessary to ,,ithdraw or suspend such pem1its for reasons of national defense or security, or for national or public interests. S. The competence to grant and/or withdraw pcnnits a/ The Ministry of Agriculture and Rural DeYelopment shall grant and withdraw permits for discharge of ,vaste water into ,vater sources and inter provincial water conservancy ,rnrk systems. b/Thc Pcople·s Committees ofthe prmince~ and centralh -nm cities shall grant and withdra,, permits for discharge of waste water into water sources and water conservancy work systems under the provincial/ municipal management; as well as permits for discharge of\rnste water into water sources and intcr prm inci al ,vat er consen·ancy ,rnrk systems under the prO\incial/municipal management, with ,nitten consents of the Ministry of Agriculture and Rural Development: cl 111e agency(ies) in charge of State management mer ,,atcr resource shall be competent to \\ ithdraw those permits they arc competent to grant. 6 The Ministry of Agriculture and Rural Development shall prescribe the permit-granting procedures as well as the authorized granting of permits for discharge of \\ astc ,vat er into water sources. Article 6.- The payment of pennit-granting fee, fee for discharge of waste water into water sources and fee for water source pollution prevention and combat stipulated in Article 7 and Point b, Clause 2, Article 19 of the La,v on Water Resource is specified as follows: I. Organizations and indi,iduals, when applying for pem1its for discharge of v,aste water into water sources, shall have to pay the pennit-granting fee; 2. Organizations and individuals that wish to discharge ,vaste water into water sources or water consen,ancy ·work systems shall have to pay waste No. 7 (22-2-2000) OFFICIAL GAZETTE 23 water discharge fee: 3. Organizations and individuals that discharge daily-life waste water into public water drainage systems of cities, urban areas or densely populated areas shall have to pay pollution prevention and combat fee: 4. Production and/or business organizations and individuals that discharge ,vaste ,vater into public water drainage systems of cities, urban areas or densely populated areas shall have to pay waste ,.vater discharge fee. In cases where such organizations and individuals apply advanced scientific and techno logical measures to minimize the discharged water volume or to improve the waste water treatment as compared with the prescribed standards, they shall be considered for exemption or reduction of waste water discharge fee: 5. The permit-granting fee, the "aste water discharge fee and the pollution preyention and combat fee shall be used for the management and protection of ,vater resources. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance in guiding the procedures for collecting, paying, managing and using the waste water discharge fee and the pollution prevention and combat fee, as \Yell as the cases eligible for fee exemption or reduction. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Agriculture and Rural Development and the concerned ministries and branches in proposing to the Prime Minister for decision the levels of the permit-granting fee, the waste water discharge fee and the water source pollution prevention and combat fee. Chapter III EXPLOITATION AND USE OF WATER RESOURCES Article 7.- The regulation and distribution of ,vater resources stipulated in Article 20 of the Law on Water Resources is specified as follows: 1. The agency in charge of State management over ·water resources shall base itself on the river basin zoning and the actual potential of the water source to announce the water sources' capacity' .to the concerned branches and localities, so that the latter can ·work out population distribution and socio economic plans suitable to the water source potential. . When the water source is incapable of meeting the water use demand, the branches and localities shall have to readjust their plans for population distribution and socio-economic plans to make them suitable to the water sources' actual capacity. 2. When a drought occurs, thus causing severe water shortage, the agency in charge of State management over water resources shall regulate and distribute water resources on the following principles a/ Ensuring the ,vater supply with prescribed minimum rations for daily life in any circumstances: b/ Meeting the demand for water for cattle and poultry raising, and aquatic and marine product culture: c/ Ensuring sufficient \Yater supply for important industrial establishments and scientific research institutions: d/ Ensuring the ,vater supply in service of the food security program and crops of high economic value: cl Other water exploitation and use purposes. The agency in charge of State management over water resource defined in Clauses I and 2 of this Article shall have to work out plans for regulating and distributing water resources. Article 8.- The financial obligations of organi zations and individuals prescribed at Point e, Clause 1, Article 23 of the Law on Water Resources are specified as follo-ws: 1. Organizations and individuals that exploit and use water resources, except for cases where permits are not required as pmvided for in Clause 2, Article 24 of the Law on Water Resources, shall have to pay natural resource tax according to provisions of law; and 2. To pay water use charge according to provisions of law: 3. To make compensations for damage caused by their water resource exploitation and use as prescribed by law; 4. To pay the fee for granting permits for water resource exploitation and use; 5. The fee for granting water exploitation permits 24 OFFICIAL GAZETTE No. 7 (22-2-2000) and the water use charge shall be used for the management and protection of water resources. The Ministry of Finance shall assume the prime responsibility and coordinate ·with the Ministry of Agriculture and Rural De-velopment and the concerned ministries and branches in proposing to the Prime Minister for decision the le,els of the water exploitation and use pennit granting fee and the water use charge. Article 9. - The granting of permits and the exploitation and use of water resources stipulated in Clause I. Article 24 of the Law on Water Resources arc specified as follows: •~, I. Subjects to be granted pcnnits: . Organizations and individuals that exploit and/ or use water resource for the daily life, agricultural and industrial production, mining, electric power generation and other purposes, shall ha-vc to appl) for permits of the State management agencies competent to grant permits defined in Clause S of this Article. 2. Gi :ounds for granting pennits: The granting of permits for exploitation and use of water sources must be based on: a/ The· legislation on ,vater resources and other releYant legislations; b/ Plannings for protection, exploitation and use of water sources as well as prevention of and combat against harmful effects caused by water in river basins, and the water conservancy work system plaimings: the result of the evaluation of exploration projects and the report on underground ,,ater exploration by specialized agencies or specialized councils; c/ Actual capacity of·water sources, water suppl) standards and ·water use demand; d/ Proposals of the agency(ies) managing the ri,cr basin zoning, and organizations and individuals managing and exploiting water conscnancy "orks. 3. Use duration ofpennits: a/ Permits for exploitation and use of surface water shall be valid for 20 years; permits for exploitation and use of underground water shall be valid for l 5 years; 6/ When a use permit expires, the agency competent to grant such permit shall decide its extension, but each extension must not exceed l 0 years: c/ The duration of a pern1it may be changed in one of the follmving cases: The water source is incapable of ensuring the nonnal water supply: The volume of exploited underground ,,ater exceeds the prescribed level, thus leading to deterioration or depletion, or underground water source is seriously polluted: The \Yater use demand is on a sharp rise. but no measure has been taken to treat or supplement water source: Other extraordinarv circumstances occur. under \\ hich the water exploitation and use must be restricted . 4. Withdrawal and suspension of pennits: The withdrawal and suspension of nlidity of ,,ater exploitation and use pcrn1its shall be effected in the follovYing cases: a/ Organizations and individuals that exploit and use \Yater breach contents stipulated in their pcnnits: 6/ Organizations and indi,iduals that exploit and use ,rntcr violate provisions in Article 23 of the La\\ on Water Resources: c/ Organizations and indiYiduals that exploit and use water are dissolved or declared bankrupt: d/ Pcnnits have been granted ultra ,ires: c/ Permits have been left unused for I year without any plausible reasons: f/ When the competent State agencies deem it necessary to withdraw or suspend the validity of permits for defense or security reasons, or for national or public interests. S. The competence to grant and withdraw pennits: a/ The Ministry of Agriculture and Rural De,clopment shall grant and withdra,Y the following ,rnter exploitation and use pcnnits: Permits for water exploitation and use, \\ ith regard to national important projects already approYed by the Prime Minister: Pern1its for underground water exploration and exploitation, with regard to concentrated water exploitation projects with a flo,, of 1,000 m3/day/ night or more; Permits for taking surface water for agriculture, industry, mining and daily life with a flow of2 m3/s No. 7 (22-2-2000) OFFICIAL GAZETTE 25 or more: Permits for exploitation and use of \\ atcr for electric po,,er generation with an output of 500 kW ore more. 6/ The People ·s Committees of the prm inccs and centrally-run cities shall grant and withdra\\ the follo,,ing kinds of ,,ater exploitation and use pern1its: Permits for exploration and exploitation of underground ,rntcr, \\ith regard to underground ,,atcr exploitation projects, "ith an exploitation flow or less than 1 ()()() m'/day/night: Penn its for taking surface ,rntcr for agricultural and industrial production. mining and daily life with a Jlo" or less than 2 m'/s: Pcrn1its for exploitation and use or ,,atcr for electric pm,cr generation" ith an output or less than 500 kW c/ The Ministry of Agriculture and Rural Dewlopment shall grant permits for exploitation and use of ,,ater resources for other purposes in ri,er basins or inter-prmincial ,,ater consen·anc:, \\ork svstcms: d/ The People ·s Committees of the prm inccs and centrally-run cities shall grant the permits for exploitation and use of "atcr resources for other purposes in ri,cr basins or systems or ,rntcr conscnancy \\orks \\ithin localities: grant the permits for exploitation and use or ,,atcr in ri, er basins and/or intcr-pro,incial ,,atcr conscnanc:,. "ork systems under the authorization of the Ministry of Agriculture and Rural De, elopment: e/ The agencies in charge or State management o,cr water resource shall be competent to withdra\\ those kinds of permits they arc competent to grant 6. The Ministry of Agriculture and Rural De,elopment shall prescribe the procedures for granting ,,ater resource exploitation and use pennits. Article JO. 1. The People ·s Committees of the provinces and centrally-run cities shall prescribe the small-scale \\atcrcxploitation and use\\ithin families as stipulated at Points a, b and c, Clause 2. Article 24 of the La\\ on Water Resources w1dcr the guidance or the Ministry of Agriculture and Rural Development. 2. Water exploitation and use cases stipulated at Point c, Clause 2, Article 24 or the Law on Water Resources arc cases ,, here "ater resources are exploited and used for forestry. ,,aternay nmigation. aquatic and marine product culture, salt making, sports. entertainment. tourism, healthcare, c01walcs ccncc and/or scientific research, not for profit-making purpose. Article I 1.- The right to conduct water through stipulated in Article 33 of the Lrn on Water Resources shall comply with the prm is ions or Articb 27-+. 27'5. 282 and 283 of the Cid Code. In cases \\here \\atcr is conducted by project measures, the project im cs tors shall ha, c to comply \\ ith the ri,cr basin mning and the\\ atcr conscn anc:, \\ ork system planning. and obtain pcnnits stipulated in Clause 5. Article 9 of this Decree from the agcncy(ics) in charge of State management o,cr ,,atcr resources. Article 12.- Organizations and indi,iduals. "hen \\ishing to supplement or change thclf \\ atcr resource exploitation and use purposes and/or scales as stipulated in Article 35 or the La,\ on Water Resources, shall ha,c to make applications for permits therefor. and dra\\ up and submit plans thereon to the State management agencies competent to grant pcrn1its defined in Clause 5, Article 9 of this Decree. Chapter JV STATE MANAGEMENT OVER WATER RESOURCES Article 13.- The Ministry of Agriculture and Rural De, clopmcnt shall be answerable to the Go,cmment for the performance of its function or State management o,er ,,ater resource throughout the countr:,.. including the folio\\ ing acti,itics: Assuming the prime rcsponsibilit:,. and coordinating \\ith the concerned ministries and branches, and the People· s Committees or the provinces and centrally-nm cities in formulating and directing the implementation of strategy, planning, plans and polic: for water resource protection, exploitation, use and dc,clopment: pre,enting, combating and o,ercoming consequences and harmful effects caused ,,ater: drawing up and submitting the list of ri,er basins to the Prime Minister for decision. OFFICIAL GAZETTE No. 7 (22-2-2000) 2. Compiling and submitting to the Gm emment for promulgation or promulgating according to its O\\ n competence legal documents, processes. mies, standards and norms on ,,ater resource protection, exploitation and use. pn;yention of. combat against and 0\ ercoming of consequences and harmful effects caused b:s, water: 3 S,nthesizing and managing results or basic sun e,. m,enton and assessment of\q1ter resources - . throughout the country: setting up data base on,, ater rc~ourccs, and conducting the 111, entor::- and assessment or ,,ater resources ,, ithrn 11s functions and management tasks: l Deciding according to its o,,n competence the regulation and distribution or \\ atcr resources in accordance with the pro,isions m Cliluse ] Article 7 or this Decree: granting, ,,ithdra\\mg and extending permits or authori1.ing the People ·s Committees ofthe prm inces and central h -n.111 cities to grant \\ ithdr:rn and extend pcrmi ts rel atcd to "ater resources, permits for practicing the probing drills, geographical sur,eys and prospection and construction of underground ,,ater exploitation \\ orks according to prmisions of this Decree: 'i. Deciding according to its m, n competence or proposing to the Prime J\.1i111stcr for decision measures. the mobilization or forces. materials and means to pre,enL combat and o, er come conse quences of floods and droughts. and the handling of incidents occurring to ,,ater consen anc\ \\orks and other hannful effects caused by "ater: (,. Organizing the ,,ork of specialized 111spcction of\\ ater resources, settling disputes. comp I amts and denunciations under the legislation on ,,ater resources: 7. Summarizing and proposing lo the Gm emment for handling matters related to the 111ternational relations in the domain of\\ ater resources: 8. Proposing to the Goyernment the functions. tasks, powers and organizational structure of agencies in charge of State management o, er ,,ater resources: propagating and disseminating the legislation on ,rnter resources; 9. Managing the exploitation and protection of ,rnter conscryancy ,vorks. the flood and storm pre,ention and combat, and formulating and organizing the realization of the pro"gram for clean water and e1wironmcntal hygiene in rural areas. Article 14.- The ministries. ministerial-le,el agencies, agencies attached to the Gm ernment shalL within their respective functions and tasks. have to carry out the following: 1. The General Department of Meteorology and Hydrology shall coordinate with the concerned ministries and branches in working out and organizing the implementation of annual and long term plans for basic sun ey of the resen e and quality of surface \Yater resource: 2. The Ministry of Science. Technology and Em ironment shall coordinate \\ilh the concerned ministries and branches in elaborating ,rnter quality standards: controlling and limiting acid rains: 3. The Ministry of Industry shall coordinate \\ ith the concerned ministries and branches in ,,orking out and organizing the annual and long-tenn plans for basic geological survey of underground water resource: formulating the process of operating hydroelectric resen oirs. as,, ell as plans for ensuring safety of hydraulic engineering\\ orks of hydroelectric po\\er plants and the integrated exploitation of,,ater sources, then submitting them to the Prime Minister for decision: 4. The Ministry ofCommumcation and Transport shall coordinate\\ ith the Ministry of Agriculture and Rural Development and the concerned ministries and branches in \\orking out and organizing the implementation or planning of,,atenrny navigation networks, and constructing \\ atenvay navigation \\Orks: 'i. The Mimstry of Construction shall coordinate \\ith the Ministry of Agriculture and Rural Development and the concerned mmistries and branches in \\orking out and organizing the implementation of planning for \Yater supply and drainage in urban areas, industrial zones and densely populated areas: 6. The Mimstn of Aquatic Reso'urces shall coordinate \\ith the Ministry of Agriculture and Rural De,elopment and the concerned ministries and branches in \\Orking out and organizing the imple mentation of planning for protection, exploitation and use of water sources for development of domestic aquatic resources; 7. The Ministry of Planning and hwestment shall coordinate with the concerned ministries and branches in synthesizing pians for i1westing funds No. 7 (22-2-2000) OFFICIAL GAZETTE 27 in projects for management, protection. exploitation and use of,,atcr resources, as \Yell as for pre, cntion oC combat against and o,crcoming of consequences and harmful effects caused by ,,ater. then submitting them to the Prime Minister for decision: 8. Thec Ministry of Finance shall coordinate,, ith the Ministry of Agriculture and Rural De,clopmcnt in formulating policies on,, atcr resource tax, as \\ell as ,,atcr resource management charges and foes. then submit them to the Prime Minister for decision Article 15.- The People's Committees of the prO\ inces and centrally-nm cities shall hm c to 1. Work out and direct the matcriali,ation of planning and plans for ,,ater resource protection. exploitation, use and development: the prc,ention of. combat against and o,ercoming of consequences and harmful effects caused by ,ntcr in their respective localities: 2. Guide the implementation of regulations of the Go,ernmcnt and the ministries on \\ ater resource management. protection. exploitation and use: the prc,cntion oL combat against and 0\ crcoming of consequences and ham1fol effects caused by ,,atcr 111 their respecti,e localities: ] Organize and direct the basic suncvs. 111,cntory and assessment of ,,ater resources in their respective localities under the guidance of the Ministry of Agriculture and Rural Dc,clopment and the concerned ministries and branches: 4 Grant ,,ithdraw and extend permits on \\atcr resources, permits for practicing probing drills, geological sun eys, prospection and construction of underground water exploitation\\ orks according to the provisions of this Decree and guidance of the Ministry of Agriculture and Rural Dc,clopmcnt: regulate and distribute \\'atcr in their localities under the guidance of the Ministry of Agriculture and Rural DeYC!opment: 5. Decide measures, mobiliLe forces. materials and means to prc,enL combat and o,ercome consequences of floods and droughts: deal \Yith incidents occurring to water consencancy works and harmful effects caused by water in their respective localities under the guidance of the Ministry of Agriculture and Rural Development: 6. Organize the inspection of water resources: settle or take part in settling disputes O\Cr \Yater resources and handle \iolat1ons of'thc legislation on ,, atcr resources in their rcspccti, c localities according to their competence prm idcd for in A1iiclc 62 of the Lzm on Water Resources and other Im\ prO\ is ions: propagate and disseminate the legislation on ,rntcr resource m their respective localities: 7. Obs enc the international agreements "hich the Socialist Republic of Vietnam has signed or acceded to: 8. Define the 11' gicnc protecting ;:ones and prescribe sm; ill scales or,\ atcr resource exploitation and use as prO\ 1dcd for in Clause l. Article l O of this Decree Article 16. l. The National Water Resource Council as defined in Article (i3 oft he La,, on Water Resources shall the task or ad, crlising the Gmcrnmcnt on: a/ National strategics and policies on ,, atcr resources. b/ Considenng and ratih 1ng the ;:onmgs or hit'. ri,er basins: c/ Regulating \rnlcr bet,,ccn big ri,cr basins: d/ Projects for ,, ater resource protection. exploitation and use. \\ h1ch <1rc decided by the Go\ c~ t'.iL~..,i;L pre~\ cn11on ,JI' C1...)1nbat ~tgainst and o, crcommg of i1ood consequences and other hanni'ul efTeets caused b\ ,, atcr: c/ f\fanagmg. protectmg. exploiting and using international ,,atcr sources and settling disputes arising therefrom: f/ Settling disputes over ,,atcr resources among the mimstrics and branches. between the ministries or branches and the Pcoplc·s Committees of the prO\ inccs and ccntrall) -run cities, and among the provinces and centrally-run cities. 2 The establishment and the regulation on organi;:ation and operation of the National Water Resource Council shall be decided by the Prime Minister. Article I 7. - The agencies managing the river basin zonings defined in Article 64 of the Law on Water Resources arc specified as follo,,s: l. Basing him/herself on the approved list of ri,er basins, the Minister of Agriculture and Rural 28 OFFICIAL GAZETTE Development shall decide the establishment and the specific regulation on organization and operation of the agencies to manage the zonings of Red ri,er Thai Binh river and Mekong ri, er basins: 2 The presidents or the People ·s Committees of the prminces and centrally-run cities shall decide the establishment and the regulation on organization and operation of the agencies to manage the ri, er basin l'.onings "\\ith regard to rners 1\ithin their respccti,e localities under the guidance of the Ministry of Agriculture and Rural De, clopment. Article I 8. - The system of orgamzations for specialized inspection of \Yater resource l. The specialil'.ed .inspecton1te on \\ater resources at the central le,el is attached to the Ministry of Agriculture and Rural De, elopment: 2. The specialized inspectorates on ,rnter resource at the local lnels are attached to the provincial/ municipal Sen ices of Agriculture and Rural Development. The elaboration and promulgation of the Regulation on operation of specialized inspectorates on \Vater resources at all le, els shall be decided b, the Gm ernment. Chapter V JMPLEMENTATION PROVISIOl\S Article I 9.- This Decree takes effect l 5 dm s after its signing. The previous stipulations which arc contrary to this Decree are now a1mulled. Article 20.- The Minister of Agriculture and Rural Dewlopment, other ministers and heads of the concerned branches shall have to guide the implementation of this Decree. Article 21. - The ministers, the heads of the rninisterial-lc,cl agencies. the heads of the agencies attached to the Gm ernmcnt and the presidents of the People ·s Committees of the pro,inccs and centrally run cities shall hm c to implement this Decree. On the heha(lr~lthe Government Prime Minister PHAN VAN KHAI No. 7 (22-2-2000)