Chương IV Luật tài nguyên nước 2012: Khai thác, sử dụng tài nguyên nước

Chapter IV

EXPLOITATION, USE OF WATER RESOURCES

Section 1. Using water in saving and effectiveness

Article 39. Measures of using water in saving and effectiveness

1. Organizations, individuals exploiting, using water must implement the following measures to use water in saving and effectiveness:

a) Proper purpose and reasonable;

b) To have plan to replace, reject gradually means, devices with obsolete technology, spending lot of water;

c) To improve, rationalize process on using water; apply technique, technology, advance equipment in exploitation, use of water; increase capacity to use water in circulation, reuse water;  hoard  rain water for use;

d) To allocate structure of plants, crops suitable to condition of water sources; to improve, rationalize and apply measures, technologies, technique of cultivation, construction, maintaining, operation of works regarding drainage, water-holding in order to save water in agricultural manufacture.

2. The Ministry of Natural Resources and Environment shall organize to formulate model of using water in saving, effectiveness; popularize, propagate models, technologies, equipments that saving water.

3. Ministries, ministerial-level agencies within their tasks, powers shall:

a) To formulate and promulgate within authority technical regulations on using water aiming to boost, encourage using water in saving, effectiveness;

b) To formulate programs, plans and direct, guide to research application of technology on using water in saving, effectiveness, and aim to reject gradually obsolete technology, spending lot of water;

c) To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment to formulate and promulgate norm on water consumption in operations under their management; to inspect, check the compliance with provisions of law in exploitation, use of water, norm on water consumption

4. The provincial People’s Committees shall apply comprehensively measures to manage, control strictly implementation of provisions on using water in saving and effectiveness at localities.

Article 40. Restricting water loss in water supply systems    

1. Organizations, individuals managing, operating the water supply system must obey technical regulations and regulations on operation of water supply system aiming to satisfy requirement on supplying water being stable, safe, uninterrupted and diminish loss and saving of water.

2. Organizations, individuals managing, operating the irrigation works system must apply measures to prevent, anti leakage and ensure operating system with optimal method aiming to satisfy requirement on supplying water being reasonable, effective and diminish loss and saving of water.

Article 41. Incentives for using water in saving and effectiveness

1. Organizations, individuals investing in use of circulated water, reuse of water, collection, use of rain water, use of water desalted from brackish water, saline water, investing in equipment, technology saving water, are entitled to loan of preferential capital and exempt, reduce tax as prescribed by law   

2. The Government provides on incentives for using water in saving and effectiveness.

Article 42. Science and technology development for using water in saving and effectiveness

1. The State encourage, facilitate for organizations, individuals to research science, application, development of technologies on processing sewage, renovating and recoverying water sources polluted, deteriorated, depleted, reusing water and other technologies aiming to use water in saving, effectiveness.

2. Ministries, ministerial-level agencies, provincial People’s Committees shall allocate funds and formulate programs on science and technology research aiming to use water in saving, effectiveness and to process, renovate, recovery water sources being polluted, deteriorated, depleted.

3. The researches on science, technological application and development aiming to use water in saving and effectiveness being priority include:

a) Researches, technological applications and developments aiming to use circulated water, reuse water to improve effectiveness in using water in industrial, constructional, agricultural trades;

b) Researches, technological applications and developments of processing sewage, renovating, recoverying water sources being polluted, deteriorated, depleted;

c) Researches, applications of advance technologies in operation and regulation of water’s reservoirs, reasonable exploitation and use of water sources;

d) Application of technological solutions to manufacture means, equipments using water in saving; to renovate, renew, upgrade devices using water;

e) Application of solutions using water in saving and effectiveness in course of designing, building construction works.

Section 2. EXPLOITATION, USE OF WATER RESOURCES

Article 43. Rights and obligations of organizations, individuals exploiting, using water resources

1. Organizations, individuals exploiting, using water resources have the following rights:

a) To exploit, use water resources for purposes on living, manufacture, business and other purposes as prescribed in this Law and otherprovisions of relevant law;

b) To enjoy benefits from exploitation, use of water resources;

c) To be protected by the State for legal rights and benefits during course of exploitation, use of water resources;

d) To use figures, information on water resources as prescribed in this Law and other provisions of relevant law;

dd) To have conduits for water to flow pass adjoining land under management and use of other organizations, individuals as prescribed by law;

e) To complaint, sue on acts violating right on explotation, use of water resources and other lawful benefits as prescribed by relevant law.

2. Organizations, individuals exploiting, using water resources have the following obligations:

a) To protect water resources, prevent, combat against and overcome of harmful effects caused by water as prescribed by this Law and other laws;

b) To use water for proper purpose, in saving, safety and effectiveness;

c) Not to obstruct or cause damage to the lawful exploitation and use of water sources of other organizations, individuals;

d) To protect water sources which they directly exploit, use;

dd) To implement obligations on finance; to pay compensation caused by them in course of ecploitation, use of water resources as prescribed by law;

e) To supply information, figures relating to exploitation, use of water resources at the request of competent state agencies; to facilitate for scientific researches allowed by the State;

g) When supplement, change purpose, scale of exploitation, use, must be permitted by competent state agencies, except for case not requiring permit, not requiring registration as prescribed in Article 44 of this Law;    

h) Other obligations as prescribed by law.

3. Organizations, individuals who exploiting, using water resources being granted permit for exploitating, using water resources, apart from implement rights and obligations specified in this article, must implement proper contents in permit. 

4. Organizations, individuals exploiting water resources subject to must pay money to grant right of exploiting water resources as prescribed in clause 1, Article 65 of this Law, are entitled to transfer right of exploiting water resources as prescribed by Government.

Article 44. Register, license of exploitation, use of water resources

1. Cases not requiring register, not applying for permit when exploiting, using water resources:  

a) Exploitation, use of water for living of households;

b) Exploitation, use of water with small scale for manufacture, business, service;

c) Exploitation, use of sea water for manufacture of salt;

d) Exploitation, use of water for activities of culture, religion, scientific researches;

e) Exploitation, use of water for fire and explosion prevention, respond, overcoming of pollution incidents, epidemics and other emergencies as prescribed by law on emergency.

2. For case of underground water exploitation specified in points a, b and d, clause 1 of this article in areas where water level declined excessively, they must register.

3. Organizations, individuals exploiting, using water resources not subject to case specified in clause 1 and clause 2 of this Article, before deciding investment, must be granted permit by competent state agencies specified in Article 73 of this Law.

4. The Government details register, license of exploitation, use of water resources

Article 45. Exploitation, use of water resources for living purpose

1. The State priority to exploit, use water resources for living purpose in the following measures:

a) Investing, supporting projects on supply living water, clean water, priority to areas of ethnic minority groups, border areas, inslands, areas where fresh water is scarce, areas with water sources pollute, deteriorated seriously, areas in difficult socio-economic conditions, areas in extremely difficult socio-economic conditions;

c) Having policy to favour, encourage foreign and domestic organizations, individuals to invest in searching, exploring,exploiting water sources for living purpose.

2. People’s Committees at all levels, competent state agencies shall formulate and implement master plans, plans , projects on supplying living water, clean water; to execute emergency measures to ensure having living water in case of drought, lack of water or incident polluting water sources seriously causing lack of water.

3. Organizations, individuals being supplied living water shall participate in contribution of effort, finance for protection of water sources, exploitation and processing of water servicing for living as prescribed by law.

Article 46. Exploitation, use of water resources for agricultural manufacture

1. The State invests, supports exploitation, use of water resources for agricultural manufacture.

2. Organizations, individuals exploiting, using water resources for agricultural manufacture must have measure to save water, prevent, combat against aluminous land, saline land, erosion land and ensure not causing pollution to water sources.

3. Organizations, individuals are only permitted to exploit, use water that ensuring on technical regulations and standards for agricultural manufacture. 

4. Organizations, individuals, who management, operate works exploiting, using water sources for agricultural manufacture, must obey process of operation.

Article 47. Exploitation, use of water resources for Hydro-power

1. Exploitation, use of water resources for Hydro-power must ensure use in synthesizing, multi target, except for exploitation, use of water with small scale

2. Construction of Hydro-power works must be suitable to master plans on water resources, obey provisions in Article 53 of this Law and other relevant laws.

3. Organizations, individuals exploit, use water sources for Hydro-power must obey  operation process of reservoirs, operation process of inter-reservoirs approved by the competent state agencies, ensure use in synthesizing, multi target of water sources; have responsibility to support people in places having reservoirs.

Article 48. Exploitation, use of water resources for salt manufacture and aquaculture

1. The State encourages investing in exploitation, use of sea water for manufacture of salt. Organizations, individuals using of sea water for salt manufacture are not allowed to cause saline infiltration, harmful effects to argicutural manufacture and  environment.

2. Organizations, individuals are only permitted to use water that ensuring technical regulations and standards on water quality for aquaculture.  Exploitation, use of water resources for aquaculture must be suitable to master plan on water resources, not cause pollution, deterioration, depletion of water sources, not obstruct flow, cause damage to works on rivers, not cause obstacle for waterway transport and not to cause saline infiltration for water sources.

Article 49. Exploitation, use of water resources for industrial manufacture, exploiting, processing mineral

1. Organizations, individuals exploiting, using water resources for industrial manufacture must save water, not cause pollution to water sources.

2. Organizations, individuals exploiting, using water resources for exploiting, processing minerals must have measure to collect, process used water meeting technical regulations and standards on sewage quality before discharge into water sources.

Article 50. Exploitation, use of water resources for waterway transport

1. The State encourages exploitation, use of water resources for development of waterway transport.

2. Activities of waterway transport are not permitted to cause pollution of water sources, obstacle of flow, damages of river beds,riversides, river banks, springs, canals, ditches and works on rivers; if causing damages, they must pay compensation as prescribed by law.

3. Construction of works, master plan of waterway routes must be suitable to master plan on water resources and master plan on development of coastal areas.

4. Construction and management of other works relating to water sources must ensure safety and normal operation of means of waterway transport and not cause pollution of water sources.

Article 51. Exploitation, use of water resources for other purposes

Organizations, individuals exploiting, using water resources for researches on science, medicine, sport, entertainment, tourist and other purposes must use water reasonablely, in saving, effectiveness, not cause pollution, deterioration, depletion of water sources, obtrucle flow and other harmful effect to water sources.

Article 52. Exploring, exploiting underground water

1. Organizations, individuals exploring underground water must have permit of competent state agencies.

2. Organizations, individuals exploiting, using underground water must have permit granted by competent state agencies, except for case specified in clause 1 and clause 2, Article 44 of this Law.

3. Grant of exploiting underground water permit must base on master plan on water resources, result of basic survey, exploration of underground water, potential, reserves of underground water and provisions in clause 4 of this article.

4. To restrain exploitation of underground water in the following areas:

a) Areas having surface water sources have capacity to satisfy stably for demands on using water;

b) Areas having underground water level being consecutively declined and having hazard of being decreased excessively;    

c) Areas having hazard of land subsidence, saline infiltration, increasing pollution due to exploitation of underground water;

d) Areas having underground water sources being polluted or having signal of pollution but have not yet technological solution to process ensuring quality;

e) The urban areas, concentrated residential areas in rural, concentrated industrial areas or clusters, trade villages which had system of supply of water in concentration and service of water supply that ensure satisfying requirement of quality, quantity.

5. Forms of restraining exploitation of underground water include:

a) Restraining on subjects, purpose of exploitation;

b) Restraining on reserves, time of exploitation;

c) Restraining on quality of works, depth, aquifers of exploitation.

6. The Government details exploring, exploiting underground water.

Article 53. Reservoirs and exploitation, use of reservoirs' water

1. Master plan on development of branches, localities having proposal for construction of reservoirs on rivers, springs must be suitable to master plan on water resources and must have the following contents:

a) The necessary to construct reservoirs comparing to other works - solutions to implement task of master plan;

b) To identify flows need to maintain on rivers, springs under time at lowland of reservoirs being proposed in master plan;

c) To identify and arrange tasks under priority order with respect to each reservoirs being proposed in master plan and level ensuring water supply for each provided task To identify and arrange tasks under priority order with resprect to each reservoirs being proposed in master plan and level ensuring water suppy for each formulated task;

d) Volume of reservoirs that used for implementation of each task of reservoirs in conditions of normal weather and conditions of abnormal weather with including factors of climate changes

dd) Role of reservoirs existing on river basin in ensuring implementation of task of reservoirs being proposed;

e) In the course of making master plan, it must organize taking opinions of subjects enjoyed benefits and subjects having hazard of risk in exploitation, use of water resources caused by construction of reservoirs being proposed in master plan. All advising and suggesting opinions must be explained and absorbed in reports send to competent state agencies for appraisal of master plan.

2. Projects of construction of reservoirs on rivers and springs must satisfy the following requirements:

a) being suitable to master plan on water resources have been approved by competent authorities.

b) Having work items to ensure maintain of minimum flow, use of water sources in synthesizing and multi target, using dead volume of reservoirs in case of drought, lack of water seriously, ensure migration of fish species, traveling of waterway transport means relating to section of rivers, springs having operation of waterway transport.

c) Having opinions of inhabitant community and relevant organizations, individuals as prescribed in Article 6 of this Law;

d) Having appraisal opinion of state management agencies of water resources for contents specified in point a and point b of this clause before submitting to competent authorities for approval.

3. Organizations, individuals managing, operating reservoirs shall:

a) To obey process on operation of reservoirs, process on operation of inter-reservoirs being approved; to ensure the minimum flow, safety of works and lowlands of reservoirs, if causing damage, must pay compensation as prescribed by law;

b) To obey command on operating reservoirs’ operation of competent state agencies in cases of floods, droughts, lack of water and other emergencies;

c) To elaborate and implement plan on annual regulation of reservoirs’ water; implement plan, project on harmonizing, distributing water sources on river basins of competent state agencies;

d) To observe meteorology and hydrology, calculate and forecast volume of water flowing to lake servicing operation of reservoirs;

dd) If use surface of reservoirs for aquaculture, business in travel, entertainment, it must be accepted in written by state management agencies of water resources

e) To implement regime of report; other provisions of this law and relevant laws.

Section 3. REGULATION, DISTRIBUTION OF WATER RESOURCES

Article 54. Regulation, distribution of water resources

1. Regulation, distribution of water resources for use purposes must base on master plan on water resources, actual capacity of Water sources, plan on regulation, distribution of water resources and ensure the following principles:

a) To ensure fair, reasonable among organizations, individuals on the same river basin, between  upstream and downstream, between right-shore and left-shore;

b) To priority on quantity, quality of water for living, agricultural manufacture to contribute in ensuring security of food and other essential demands of people;

c) To ensure the minimum flow on rivers, underground water exploitation threshold;

d) To combine exploitation, use of surface water sources with exploitation, use of underground water sources, rain water; increase storage of water in rainy season to use for dry season. 

2. If lacking water, regulation and distribution must be prioritized for living purpose; other use purposes must be regulated and distributed as prescribed in master plan on water resources, river basins and ensure the fair and reasonable principle.   

3. The Ministry of Natural Resources and Environment organizes implementation of regulation, distribution of water resources on inter-country river basins.  The provincial People’s Committees organize implementation of regulation, distribution of water resources in scope of lacalities.

Article 55. The water transfer of river basins

1. Making of project on water transfer must be based on the following grounds:

a) Strategy on water resources, strategy on environmental protection;

b) master plan on water resources of relevant river basins; master plan, plan on socio-economic development of localities and branches relating to exploitation, use of water on river basins;

c) To assess actual capacity of water sources, demand of water use of both water transfer basin and water receipt basin;

d) To assess capacity of effect of water transfer to exploitation, use of water, maintain flow, control flood and impact to ecological environment, especially in dry season; economical benefits of water transfer;

dd) International treaties of which the Socialist Republic of Vietnam is a member for case the project on water transfer relating to inter-country water sources;

2. The project on water transfer must have appraisal opinion of the Ministry of Natural Resources and Environment before submitting to competent authorities for consideration and deciding on investment.

Article 56. Artificial supplementation of underground water

1. The artificial supplementation of underground water must be based on assessment in particular on adapability on quantity, quality, capacity to keep and preservate water of supplemented aquifers, requirement on exploitation, use, protection of underground water; full assessment of socio-economic and environmental impacts.

2. The Ministry of Natural Resources and Environment shall identify aquifers, zoning for areas need artificial supplementation of underground water; guide implementation of measures to supplement artificially underground water suitable to each region; approve plans on artificial supplementation of underground water.

Article 57. Creating artificial rain

Creating artificial rain must be based on demand on water of areas lacked water and admissible conditions to decide measure, reasonable scale and must be permitted by competent state agencies.