Chapter V
PREVENTION OF, COMBAT AGAINST AND OVERCOMING OF HARMFUL EFFECTS CAUSED BY WATER
Article 58. Duty and obligation of prevention of, combat against and overcoming of harmful effects caused by water
1. State agencies, organizations, individuals have duty to participate in prevention of, combat against and overcoming of harmful effects caused by water as prescribed by this Law and other relevant laws;
2. The Government decides and directs ministries, ministerial-level agencies and People’s Committees at all levels to implement measures of prevention of, combat against and overcoming of harmful effects caused by water.
3. Ministries, ministerial-level agencies and People’s Committees at all levels within their duties, powers decide and organize implementation of measures of prevention of, combat against and overcoming of harmful effects caused by water.
Article 59. Prevention of, combat against and overcoming of harmful effects caused by natural disaster
Prevention of, combat against and overcoming of harmful effects of floods, sea-level rise, ice rain, acid rain, and other harmful effects of water caused by natural disaster are implemented in according to provisions of law on dyke, combat against floods, storms and other provisions of relevant laws;
Article 60. Prevention of, combat against droughts, floods, artificial waterlogging
1. Reservoirs must have process to operate reservoirs approved by competent authorities before containing water.
2. Important, big reservoirs on river basin must be operated under process on operation of inter reservoirs approved by competent state agencies.
3. Process on operation of reservoirs, Process on operation of inter reservoirs must ensure maintaining minimum flow, preventing, combating against floods, droughts, lack of water for lowlands and allocate volume to ensure implementation of task of reservoirs, including volume to prevent, combat against floods, safety of water supply in conditions of normal weather and conditions of abnormal weather, changes of water quality included factors causing climate changes.
4. Process of reservoirs’ operation, inter reservoirs’ operation on river basins must be consulted by ministries, branches, localities, river basin organization, other relevant organizations before submitting to competent authorities for approval.
5. Duties to elaborate process on reservoirs’ operation, process on inter-reservoirs’ operation are provided as follows:
a) The Ministry of Natural Resources and Environment makes list of reservoirs must operate under process on inter reservoirs’ operation and elaborate process on inter reservoirs’ operation on river basins, submit to the Prime Minister for approval;
b) The Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, provincial People’s Committees, organizations, individuals manage, operate reservoirs within their task, powers to elaborate, submit to competent authorities for promulgation or promulgate within authority the process on reservoirs’ operation.
6. Organizations, individuals managing, operating reservoirs must building plan to respond circumstance of dyke rupture, circumstances threatening seriously to safety of works, life and assets of people.
7. For prevention of, combat against waterlogging and protection of water sources, lakes, ponds, lagoons are not leveling.
The provincial People’s Committees publish list of lakes, ponds, lagoons are not levellng in local scope.
The Ministry of Natural Resources and Environment publishes list of lakes, ponds, lagoons are not levellng in areas of two or more central-affiliated cities and provinces.
Article 61. Prevention of, combat against saline infiltration
1. Mangement, operation of sewers preventing saline water, keeping fresh water and water reservoirs, works for flow regulation must obey process, standards, technical regulations, ensure prevention of, combat against saline infiltration.
2. Exploration, explotation of underground water in delta areas, coastal areas must ensure prevention of, combat against saline infiltration for underground aquifers.
3. Exploitation of brackish water, saline water to use for manufacture is not allowed to cause saline infiltration to water sources and harmful effects to argicutural manufacture.
4. Organizations, individuals exploiting, using water resources for agricultural manufacture must have measure to prevent, combat against aluminous land, saline land, and erosion land and ensure not causing pollution to water sources.
Article 62. Prevention of, combat against land subsidence
1. Organizations, individuals practicing underground water drill, geological exploration drill, exploring mineral, petroleum must obey technical regulations and standards on safety, prevention of, combat against land subsidence.
2. Organizations, individuals exploring, exploiting underground water must implement measures specified in permit, obey technical regulations and standards on technical safety, ensure not causing land subsidence.
If happens land subsidence, they must stop exploration, exploitation, concurrently implement remedial measures and report immediately for the nearest local authorities.
3. Organizations, individuals exploiting minerals, building underground works, implementing operations of drilling, digging must obey technical regulations and standards on safety, prevention of, combat against land subsidence.
4. Regions are subsided or have hazard of land subsidence caused by exploration, exploitation of underground water, agencies implementing task on state management on water resources must make zoning to have measures to restrain land subsidence.
Article 63. Prevention of, combat against landslide of river shores, river banks
1. Renovation of river begs, river shores, river banks, construction of water works, exploitation of sand, gravel and other minerals on rivers, lakes are not cause landslide, harmful effects to stability of river begs, river shores, river banks, lakes and must be accepted in written by competent state management agencies of water resources.
2. For rivers, river sections being landslide or have risk of landslide to river shores, river banks, agencies implementing task on state management on water resources at provincial level shall identify reason causing landslide, propose solutions to prevent from, remery and report to provincial People’s Committees for consideraton, zoning prohibited areas, temporarily prohibited areas from exploitation of sand, gravel and other minerals
If areas being landslide or having hazard of landslide of river shores, river banks are between two central-affiliated cities or provinces, related provincial People’s Committees make petition to competent state agencies to approve prohibited areas, temporarily prohibited areas from exploitation of sand, gravel and other minerals.
3. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development to detail operation of vessels on waterway transport routes to ensure not causing landslide of river shores, river banks.
4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with Ministries, related ministerial-level agencies and provincial People’s Committees to specific provide on protection of river begs, river shores, river banks; to direct implementation of measures to protect river begs, river shores, river banks for rivers being border line between two central-affiliated cities or provinces.
5. People’s Committees at all levels shall implement measures to protect river begs, river shores, river banks in localities.
Tìm kiếm
Luật tài nguyên nước 2012 (Bản Word)
Luật tài nguyên nước 2012 (Bản Pdf)