Chương IX Luật tài nguyên nước 2012: Thanh tra chuyên ngành tài nguyên nước, giải quyết tranh chấp về tài nguyên nước

Chapter IX

THE SPECIALIZED INSPECTION ON WATER RESOURCES, SOLVING DISPUTES ON WATER RESOURCES

Section 1. BASIC SURVEY ON WATER RESOURCES

Article 75. The specialized inspection on water resources

1. Inspectorates of the Ministry of Natural Resources and Environment, Inspectorates of the provincial Department of Natural Resources and Environment and agencies implementing the state management task on water resources execute function of the specialized inspection on water resources.

2. Organizational structure and operation of specialized inspectorates on water resources comply with provisions of this Law and provisions of law on inspection.

Article 76. Solving disputes regarding water sources

1. Conciliation of diputes on water sources is performed as follows:

a) The State encourages parties conciliated by themselves for disputes on water resources;

b) The State encourage to solve disputes on water resources between individuals, households with each other through conciliation at facilities as prescribed by law on conciliation at facilities;

c) The commune People’s Committees organize conciliation of disputes on water resources on their localities at the request of parties disputing.

2. The district People’s Committees shall solve disputes on exploitation, use of water resources, discharge of sewage into water sources for cases not require to grant permit; if not agree with decision on solving dispute, the parties disputing have right to complaint to provincial People’s Committees or sue at the Court as prescribed by law.

3. Provincial People’s Committees shall:

a) To solve disputes arising in exploitation, use of water resources, discharge of sewage into water sources for cases under their licensing authority; if not agree with decision on solving dispute, the parties disputing have right to sue at the Court as prescribed by law.

b) To solve disputes regarding water sources among district People’s Committees;

c) To solve disputes that have had decision on solving of district People’s Committee but the parties disputing not agree.

4. The Ministry of Natural Resources and Environment shall: 

a) To solve disputes arising in exploitation, use of water resources, discharge of sewage into water sources for cases under its licensing authority; if not agree with decision on solving dispute of the Ministry of Natural Resources and Environment, the parties have right to sue at the Court as prescribed by law.

b) To solve other disputes on water resources among central-affiliated cities and provinces.

5. Requirement on compensation relating to solving disputes on water resources implemented under provisions of civil laws, law on state compensation liability.