Chương I Luật khí tượng thủy văn 2015: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law stipulates hydrometeorological activities including: Management and operation of station networks; forecasts, warnings; information, data; hydrometeorological services; climate change monitoring; impacts on weather and state administration; rights, responsibility and obligations of agencies, organizations, and individuals involved in hydrometeorological activities;

Article 2. Regulated entities

This Law applies to Vietnamese agencies, organizations, and individuals; foreign organizations and individuals; international organizations participating in hydrometeorological activities in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. Hydrometeorology is a phrase that commonly refers to meteorology, hydrology, and oceanography.

2. Meteorology refers to the state of the atmosphere, developments of natural phenomena in the atmosphere.

3. Hydrography refers to the state, developments and movement of water on earth.

4. Oceanography refers to the state, developments and movement of the ocean.

5. Hydrometeorological monitoring includes observations and systematical measurements of indicators of conditions, phenomena, developments of the atmosphere and water on earth.

6. Weather refers to the state of the atmosphere at a certain point of time determined by meteorological elements and phenomena.

7. Hydrometeorological forecasts mean the provision of information and data about conditions, developments and phenomena of hydrometeorology in the future at a certain area in a specified period of time.

8. Hydrometeorological warnings mean the provision of information and data about possible hydrometeorological hazards that may affect or cause damage to people, properties and environment.

9. Hydrometeorological bulletin means products of organizations and individuals operating in the areas of forecasting, warning, presenting hydrometeorological forecasts and warnings in the form of written formats, data tables, maps, charts, symbols, images and sound.

10. Hydrometeorological natural disasters refer to changeable hydrometeorological phenomena that may cause damage to people, properties, environment, living conditions and socio-economic activities.

11. Climate means compilation of weather conditions in a certain area characterized by long-term statistical quantity of meteorological elements in such area.

12. Climate forecasting refers to the provision of information and data about the state and trends of climate in the future, changes of climatic elements by month, season, year in comparison with average value over years.

13. Climate change refers to a change in climate conditions for a long time by the impacts of natural conditions and human activities, often referred to as global warming, rising sea and an increase in extreme hydrometeorological phenomena.

14. Climate change monitoring refers to a process of collecting information, data; analyzing, assessing and monitoring developments of the climate in a long period of time to determine signs of climate change and its impacts on natural resources, environment, ecosystem, living conditions and socio-economic activities.

15. Climate change scenario refers to scientifically-based and reliable presumptions about climatic trends in the future based on relations between socio-economic activities, greenhouse gas emissions, climate change and rising sea.

16. Hydrometeorological works refer to facilities that meet technical requirements for installation of measurement instruments, hydrometeorological communication equipment.

17. Hydrometeorological station means a place chosen based on technical requirements for placement of one or more hydrometeorological works, including: Surface hydrometeorological stations, aerial hydrometeorological stations, weather radar stations, agricultural hydrometeorological stations, hydrological stations, oceanographical stations, rain measuring stations, lightning positioning stations and other stations.

18. Climate change monitoring station means the station chosen among hydrometeorological stations, or separately constructed according to technical standards, national, international standards for observations of climate, atmospheric chemistry composition, sea level.

19. Technical corridor of hydrometeorological works refers to a space on the ground, underground, on water surface, under water required to ensure hydrometeorological works operate in accordance with technical standards, collected hydrometeorological data give objective insights into natural features in the area and are accurate according to national, international standards.

20. Impacts on weather refer to human impacts on physical and chemical processes of the atmosphere through scientific and technological solutions with the aim of preventing and reducing natural disasters or creating a kind of favorable weather in a certain area for a specified period of time to serve socio-economic development, national security and defense activities.

21. Standard climate refers to mean value of hydrometeorological elements over a given period of time, normally 30 years, serving as foundations for assessment of climatic differences between this place and other place, this period to other period.

22. Extreme hydrometeorological phenomena refer to changeable hydrometeorological phenomena in terms of level, time and area of occurrence that may cause damage to people, properties, environment, living conditions and socio-economic activities.

23. Rising sea refers to average rising level of the ocean by impacts of climate change excluding flood-tides, rising water caused by storms and other natural impacts.

Article 4. Principles of hydrometeorological operation

1. Hydrometeorological operation generally supports socio-economic development, national security and defense, natural disaster prevention and combat guaranteed by the state budget.

2. Hydrometeorological activities are managed with uniformity across the country.

3. Hydrometeorological monitoring must ensure accuracy, continuity, and uniformity of monitoring results within the country and the world.

4. Hydrometeorological forecasts and warnings should ensure adequate reliability and be communicated, transmitted in a timely, accurate and adequate manner.

5. The system receiving and transmitting hydrometeorological information (hereinafter referred to as ‘the receiving and transmitting system') should be guaranteed to operate constantly, with high speed and large coverage.

Article 5. State policies on hydrometeorological activities

1. The State shall guarantee resources for the construction, management and operation of national hydrometeorological station networks; hydrometeorological forecasts, warnings; climate change monitoring to serve socio-economic development, national security and defense, natural disaster prevention and combat.

2. Diversify capital investment sources for hydrometeorological activities; encourage organizations, individuals to take part in activities of monitoring, forecasting, warning, scientific research, technology transfers, exploiting and using hydrometeorological information and data;

3. Prioritize investment and construction of private telecommunications networks in accordance with the law on telecommunications and use of national telecommunications networks for receiving and transmitting information and data serving hydrometeorological forecasting and warning, natural disaster prevention and combat;

4. Reinforce propaganda and dissemination of hydrometeorology and climate change; effectively exploit hydrometeorological information, data for production and living activities, and for prevention and combat against natural disasters among communities; ensure gender equality; pay special attention to people living in mountainous, sea, island and socio-economically disadvantaged areas, ethnic minority people and other special subjects to come up with an appropriate way of propaganda;

5. Guarantee satisfaction of demands for lands to facilitate operation of hydrometeorological works in accordance with technical requirements;

6. Reinforce training to human resources working in the area of hydrometeorology; provide policies on attracting or preferential treatment to people performing hydrometeorological duties in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas according to laws;  

7. Develop science and technology in hydrometeorology, climate change monitoring; prioritize scientific research, transfer of technology, state-of-the-art equipment, application of high technology to hydrometeorological activities;

8. Reinforce international cooperation in hydrometeorology, climate change monitoring; perform duties as members of international organizations in hydrometeorology and climate change monitoring;

Article 6. Dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorological activities

1. The Ministry of Natural Resources and Environment shall be responsible for regularly organizing dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change with much importance attached to people living in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas; construct and organize the implementation of the project on dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change.

2. Ministries, ministerial-level agencies, Governmental agencies, People’s committees at all levels within duties, authority shall be responsible for cooperating with media agencies  and directing educational and training institutions under management to organize dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology, climate change.

3. Vietnamese Fatherland Front Committee and its members organizations, enterprise associations and other social organizations within duties and authority shall be responsible for cooperating with state administration agencies on hydrometeorology in carrying out propaganda, mobilization and instruction to people on participation in the protection of hydrometeorological works, reception, operation and use of hydrometeorological information, data; compliance with the law on hydrometeorology and climate change.

Article 7. Communications about hydrometeorological activities

1. Vietnam News Agency, Voice of Vietnam, Vietnam Television and media agencies shall be responsible to:

a) Organize communications about hydrometeorological forecasts, warnings, information about climate change according to this Law and the Law on Journalism;

b) Cooperate with the Ministry of Natural Resources and Environment, Ministries, sectors and localities in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change;

2. Local radio and television stations shall be responsible to:

a) Organize spreading hydrometeorological forecasts, warnings released by national hydrometeorological forecasting and warning system and information about climate change to support natural disaster prevention and combat in localities;

b) Cooperate with local hydrometeorology agencies, organizations, relevant units in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change;

Article 8. Prohibited acts

1. Take advantage of hydrometeorological activities to cause damage to state interests, lawful rights and interests of organizations, individuals;

2. Transgress space of hydrometeorological works on the ground, underground, on water surface or under water;

3. Violate regulations on technical corridors of hydrometeorological works;

4. Make negative impacts on hydrometeorological works, measurement instruments;

5. Invade hydrometeorological works, measurement instruments, communication equipment, other technical equipment of hydrometeorological works; slam into the works; break and displace benchmarks;

6. Obstruct management and operation of hydrometeorological works;

7. Perform hydrometeorological forecasting and warning activities unlicensed or in opposition to the license issued by competent state agencies;

8. Exploit and use hydrometeorological information, data in opposition to this Law and relevant law provisions;

9. Deliberately violate technical regulations and professional procedures on hydrometeorological activities;

10. Have impacts on the weather without approval by competent state agencies or in opposition to the approved plan;

11. Conceal, fail to supply or deliberately falsify information about hydrometeorology;

12. Act in opposition to regulations on spreading information about hydrometeorological forecasts, warnings;

13. Take advantage of positions, authority of competent persons to act in opposition to the law on hydrometeorology;

14. Take advantage of international cooperation in hydrometeorology and climate change monitoring to commit violations;