Chương II Luật khí tượng thủy văn 2015: Quản lý, khai thác mạng lưới trạm khí tượng thủy văn

Chapter II

MANAGEMENT, OPERATION OF HYDROMETEOROLOGICAL STATION NETWORK

Article 9. Subject matters of management, operation of hydrometeorological station network

1. Construction of planning and plan for development of hydrometeorological station network;

2. Hydrometeorological monitoring

3. Hydrometeorological investigation and survey;

4. Management and protection of hydrometeorological works;

5. Management of quality of hydrometeorological measurement instruments;

Article 10. Hydrometeorological station network

1. The hydrometeorological station network comprises national hydrometeorological station network and special-purpose hydrometeorological station network.

2. The national hydrometeorological station network comprises hydrometeorological stations and climate change monitoring stations that perform hydrometeorological observation, climate change monitoring in a constant, stable and long-run manner, constructed, managed and operated by the Ministry of Natural Resources and Environment.

3. Special-purpose hydrometeorological station network shall perform hydrometeorological observation for a private purpose organized by Ministries, sectors and localities, established, managed and operated by individuals according to laws.

Article 11. National hydrometeorological station network planning

1. Principles of planning:

a) Ensure observations reflect happenings in space and time of hydrometeorological elements requiring observations and meeting purposes of operation and use of hydrometeorological information, data;

b) Ensure uniformity, advancement, inheritance and conformity with socio-economic development targets and requirements of national security and defense;

c) Planning for national hydrometeorological station network should be unified, incorporated to the planning for national natural resources and environment monitoring network, meeting requirements for sharing data among stations, ensuring effective use of the state budget.

2. Foundations for planning:

a) Strategy, planning, plan for socio-economic development of the country; strategy for development of meteorology and hydrology branch; national strategy for climate change; national strategy for natural disaster prevention and combat; national strategy for water resources; national strategy for development of information technology and communications; planning for land use at national level; planning for national telecommunications development and other relevant strategies, planning, plans;

b) Results of the implementation of strategy for development of meteorology and hydrology branch, national strategy for climate change, planning for national hydrometeorological station network of previous period;

c) Scientific and technological advances in observations, measurements and communications about forecasts, warnings, climate change monitoring;

3. Planning period for national hydrometeorological station network is 10 years with a vision to 20 years.

4. Main information of the planning:

a) General analysis and assessment of natural conditions, socio-economic and environmental conditions, actual state of hydrometeorological activities, response to climate change; determination of demands for hydrometeorological information, data for socio-economic development, national security and defense, natural disaster prevention and fighting, response to climate change;

b) Assessment of performance of the planning for national hydrometeorological station network of previous period; activities of hydrometeorological observation and climate change monitoring; results of the implementation of strategy, planning and plans for development of meteorology and hydrology branch;

c) Assessment of changes in space and time to hydrometeorological elements that need observing;

d) Determination of density, quantity, position, planning map, list of stations, subject matters of observation of each station belonging to national hydrometeorological station network;

dd) Determination of resources, timeframe and measures for implementation of the planning;

5. Responsibility for establishment and approval for the planning:

The Ministry of Natural Resources and Environment shall be responsible for establishing and submitting the planning for national hydrometeorological station network to the Prime Minister for approval.

6. Adjustments to the planning:

a) The planning for national hydrometeorological station network shall be checked and adjusted every five year or upon pressing requests for socio-economic development, assurance of national security and defense, or when changes to the strategies, planning, plans as prescribed in Point a, Clause 2, this Article have major impacts on content of the planning;

b) The Ministry of Natural Resources and Environment shall make submission of the planning to the Prime Minister for adjustments according to Point a, this Clause.

7. The planning for national hydrometeorological station network and adjustments thereto should be assessed prior to approval according to the law on planning;

Article 12. Plan for development of special-purpose hydrometeorological station network of ministries, sectors and localities

1. Ministries, sectors and localities shall establish the plan for development of special-purpose hydrometeorological station network if having demands for exploitation and use of hydrometeorological information, data for private purposes.

2. Principles of planning:

a) Meet purposes for exploitation and use of hydrometeorological information, data by ministries, sectors and localities;

b) Ensure uniformity, advancement, inheritance and compliance with development goals set by ministries, sectors and localities;

c) Special-purpose hydrometeorological station network should not duplicate or overlap with national hydrometeorological station network;

3. Foundations for planning:

a) Strategies, planning and plans as prescribed in Point a, Clause 2, Article 11 hereof and relevant strategies, planning and plans of ministries, sectors and localities;

b) Results of the implementation of national hydrometeorological station network to the time of establishment of the planning;

c) Demands for exploitation and use of hydrometeorological information, data for private purposes;

4. The plan for development of special-purpose hydrometeorological station network shall be established at the same time with the construction of the planning, plan for socio-economic development by ministries, sectors and localities, and annually be adjusted, supplemented to meet actual demands;

5. Main information of the planning:

a) Determination of demands of ministries, sectors and localities for exploitation and use of hydrometeorological information, data;

b) Assessment of capacity of national hydrometeorological station network to meet actual demands for hydrometeorological information, data for private purposes;

c) Determination of quantity, position, list of stations; operation time of each station belonging to special-purpose hydrometeorological station network;

d) Determination of resources and measures for implementation of the plan;

6. Responsibility for establishment and approval for the plan:

a) Ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces shall organize the establishment of the plan for development of special-purpose hydrometeorological station network within management;

b) Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People’s Committees shall grant approval for special-purpose hydrometeorological station network within competence after a written agreement with the Minister of Natural Resources and Environment has been reached.

Article 13. Hydrometeorological monitoring

1. Requirements for hydrometeorological monitoring:

a) Monitoring should be carried out with accuracy, continuity and uniformity according to technical regulations and professional processes;

b) Result of monitoring should ensure representation, objective reflection of natural conditions, current conditions of hydrometeorological phenomena in the areas where the station is located;

c) Monitoring information, data must be examined and assessed for quality.

2. Subject matters of hydrometeorological monitoring:

a) Subject matters of hydrometeorological monitoring shall be specifically determined for each hydrometeorological station;

b) The Ministry of Natural Resources and Environment shall define details of monitoring for stations belonging to national hydrometeorological station network.

c) Ministries, sectors and localities, organizations and individuals shall define subject matters of monitoring for special-purpose hydrometeorological stations within management;

d) Hydrometeorological stations broadcasting international news, exchanging information and data with foreign or international organizations or having bilateral or multilateral cooperation agreements shall perform other monitoring tasks under international treaties to which the Socialist Republic of Vietnam is a signatory.

3. Hydrometeorological monitoring by project owners:

Any project being affected by or affecting hydrometeorological conditions during the construction, operation which may affect safety, life and properties of communities, the project owner should organize monitoring and supplying information, data as prescribed in Clause 5, this Article.

4. Hydrometeorological monitoring on planes, ships:

Encourage owners of planes, ships operating in the territory of the Socialist Republic of Vietnam to carry out hydrometeorological monitoring and report monitoring result to national hydrometeorological forecasting and warning system according to meteorological codes of World meteorological organization (WMO) and International civil aviation organization (ICAO);

5. Hydrometeorological monitoring information, data should be provided to national hydrometeorological forecasting and warning system and national hydrometeorological database.

6. The Government shall detail Clauses 3 and 5, this Article.

Article 14. Establishment, movement and dissolution of hydrometeorological stations

1. Establishment of stations belonging to national hydrometeorological station network:

a) The Minister of Natural Resources and Environment shall decide the establishment of stations belonging to national hydrometeorological station network according to the planning for national hydrometeorological station network approved by the Prime Minister.

b) In special cases, in order to meet requirements of national security and defense, natural disaster prevention and combat, the Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries, sectors in making report to the Prime Minister for decisions on the establishment of stations outside the planning for national hydrometeorological station network.

2. Establishment of special-purpose hydrometeorological stations:

a) Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People’s Committees shall make decisions on the establishment of special-purpose hydrometeorological stations according to the plan for development of special-purpose hydrometeorological station network by Ministries, sectors and localities;

b) Organizations, individuals may decide the establishment of hydrometeorological stations for their own purposes;

c) Competent persons, organizations and individuals as prescribed in Points a, b, this Clause shall be responsible for making notice about the establishment of special-purpose hydrometeorological stations to the Ministry of Natural Resources and Environment and provincial-level state administration agencies where the stations are located.

3. Movement of stations belonging to national hydrometeorological station network:

a) Stations belonging to national hydrometeorological station network shall be moved in following cases: Suffer losses caused by natural disasters; matters related to national security and defense; stations within important socio-economic development project; technical corridors seriously invaded or impacts of natural conditions resulting in inadequate technical conditions; monitoring information, data not reflecting natural law and hydrometeorological conditions in the areas where stations are located;

New position of stations should meet requirements for monitoring and relevant law provisions.

b) Monitoring should be carried out simultaneously at old and new stations to ensure continuity of data chain and uninterrupted provision of information, data to hydrometeorological forecasting and warning tasks, international exchange;

c) The Minister of Natural Resources and Environment shall make decision on movement of stations within national hydrometeorological station network.

4. Movement of special-purpose hydrometeorological stations:

Movement of special-purpose hydrometeorological stations shall be decided by establishing competent persons, organizations and individuals; a written notice should be delivered to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after movement.

5. Dissolution of hydrometeorological stations:

a) Stations belonging to national hydrometeorological station network shall be dissolved in following cases: The stations are no longer in the planning and fail to guarantee technical conditions for monitoring.

The Minister of Natural Resources and Environment shall make decision on dissolution of stations within national hydrometeorological station network.

b) Special-purpose hydrometeorological stations shall be dissolved in following cases: The stations are no longer in the development plan by ministries, sectors and localities, fail to ensure conditions for conversion into national hydrometeorological, fail to guarantee technical conditions for monitoring; the stations’ goal has been achieved.

Competent persons, organizations and individuals that establish hydrometeorological stations may make decision on the dissolution of hydrometeorological stations. A written notice should be issued to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after dissolution.

Article 15. Technical corridors of hydrometeorological works

1. Technical corridors of hydrometeorological works shall be guaranteed in quality according to technical regulations on hydrometeorology.

2. Technical corridors of hydrometeorological works shall be specifically regulated for each type of hydrometeorological work.

3. No activities of construction of high-rise buildings, development of perennial plants, construction of dykes, excavation of river bed or river sides, discharging water ... should be carried out within technical corridors of hydrometeorological work.

4. The Government shall detail this Article.

Article 16. Protection of hydrometeorological works

1. Subject matters of protection of hydrometeorological works:

a) Establishment of records, landmarks, scope of technical corridors and issuance of notifications to People’s Committees of communes where the stations are located;

b) Protection of technical corridors; prevention of prohibited acts as prescribed in Clauses 2, 3, 4, 5 and 6, Article 8 hereof;

c) Execution of measures to prevent, combat and reduce losses caused by natural disasters and other risks;

d) Maintenance and repair of the works according to technical regulations and professional processes;

2. Responsibility for protection of hydrometeorological works:

a) The Ministry of Natural Resources and Environment shall organize protecting hydrometeorological works within national hydrometeorological station network;

b) Ministries, ministerial-level agencies, Governmental agencies, People’s committees at all levels, organizations and individuals shall organize organizing hydrometeorological works within management according to this Law and other law provisions;

Article 17. Hydrometeorological investigation and survey

1. Requirements for hydrometeorological investigation and survey:

a) Investigation and survey of the use of state budget should accord with programs, plans approved by competent authorities; result of investigation and survey should be assessed for quality;

b) Monitoring, measurement in investigation and survey should accord with technical regulations and professional processes.

2. Subject matters of hydrometeorological investigation and survey:

a) Determination of positions of stations and areas for investigation and survey on mainland or coordinates of stations and areas for investigation and survey on sea;

b) Construction of temporary hydrometeorological works serving investigation and survey (if any);

c) Observation and measurement of hydrometeorological elements, other relevant elements and topography of survey areas;

d) Calculation and restoration of characters and happenings of natural disasters in survey areas;

3. Responsibility for hydrometeorological investigation and survey:

a) The Ministry of Natural Resources and Environment shall carry out investigation and survey to supply additional information and data to national hydrometeorological station network or conduct unexpected investigation, survey during or in the aftermath of natural disaster.

b) Ministries, sectors, localities, organizations and individuals may carry out investigation and survey for their own purposes.

Article 18. Management of quality of hydrometeorological measurement instruments

1. Subject matters of management of quality of hydrometeorological measurement instruments:

a) Promulgation of the list of hydrometeorological measurement instruments subject to inspection, calibration;

b) Organization of inspection and calibration of hydrometeorological measurement instruments;

2. The Minister of Science and Technology shall promulgate the list of hydrometeorological measurement instruments subject to inspection and calibration as proposed by the Ministry of Natural Resources and Environment.

Article 19. Inspection and calibration of hydrometeorological measurement instruments

1. Inspection and calibration of hydrometeorological measurement instruments subject to inspection and calibration should be carried out in accordance with the law on measurements.

2. Hydrometeorological measurement instruments outside the list of measurement instruments subject to inspection, calibration should have documents of origins, technical characteristics in accordance with technical regulations issued by competent state agencies.

3. Inspection and calibration of hydrometeorological measuring instruments shall be carried out by a qualified entity according to the law on measurement.