Chương VIII Luật tài nguyên nước 2012: Trách nhiệm quản lý tài nguyên nước

Chapter VIII

RESPONSIBILITY FOR MANAGEMENT ON WATER RESOURCES

Article 70. The responsibility for State management on water resources of Government, ministries, ministerial-level agencies

1. The Government uniformly state manages on water resources.

2. The Ministry of Natural Resources and Environment takes responsibility before the Government in implementation of state management on water resources, management on river basin in nationwide, including the following responsibilities:

a) To promulgate under its authority or submit to competent state agencies to promulgate and organize implementation of legal documents on water resources; promulgate technical regulations, norms, unit price on master plan, basic survey, exploration, exploitation,use, protection of water resources; 

b) To make, submit to the Prime Minister for approval or approve under its authority and organize implementation of strategy, general master plan on basic survey for water resources, master plan on water resources; process on operation of inter- reservoirs,list of river basins, list or water sources; plan on basic survey, regulation, distribution of water resources, recovery of water sources polluted, depleted;

c) To delineate, publish prohibited areas, restrained areas from exploitation of underground water, areas need artificially supplement underground water; publish minimum flow, underground water exploitation threshold; announcement on situation of drought, lack of water;

d) To organize appraisal of projects on water transfer in river basins, give opinion on specialized master plan having exploitation, use of water resources and activities related to exploitation, use, protection of water resources under its authority;

dd) To propagate, popularize, educate law on water resources; train human source on water resources;

e) To grant, extend, adjust, terminate, revoke permit on water resources and permit transfer of right to exploit water resources under its authority;

g) To organize implementation of basic survey, supervision on water resources; to sum up results of basic survey on water resources, situation of exploitation, use, protection of water resources, prevention of, combat against and overcoming of harmful effects caused by water; to organize observation warning, forecasting and announcing on rains, floods, droughts, lack of water, pollution, saline infiltration and abnormal phenomenons on water resources;

h) To form database, information system on water resources; manage, store information, data on water resources; declare, publish documents, information on water resources;

i) To submit to the Government, or the Prime Minister for plans on solving issues relating to inter-country water sources, participation in international organizations, signing or acceding to International treaties on water resources; preside over activities on international cooperation for water resources;   

k) To be as standing of national council on water resources, Vietnam Mekong river commission and river basin organizations; 

l) To inspect, check, solve disputes, handle violations of law on water resources under its authority.

3. Ministries, relevant ministerial-level agencies within their tasks, powers shall coordinate with the Ministry of Natural Resources and Environment in state management on water resources.

Article 71. The responsibility for State management on water resources of the People’s Committees at levels 

1. The provincial People’s Committees within their duties and powers shall:

a) To promulgate under their authority and organize implementation of legal documents on water resources;

b) To make, approve, announce and organize implementation fo master plan on water resources, plan on basic survey, regulation, distribution of water resources, recovery of water sources polluted, depleted;

c) To delineate, publish prohibited areas, restrained areas from exploitation of underground water, areas need artificially supplement underground water; publish minimum flow, underground water exploitation threshold under their authority, prohibited areas, temporarily prohibited areas from exploitation of sand, gravel and other minerals on rivers; publish list of lakes, ponds, lagoons that are not permitted leveling;

d) To organize to respond to, recover incidents of water sources’ pollution; to track, detect and participate in solving  incidents of inter-country water sources’ pollution under their authority; to make, manage protection corridor of water source, Hygiene Protection Zone of area supplying living water; to assure living water in cases of drought, lack of water or happening incidents polluted water sources;

dd) To propagate, popularize, educate law on water resources;

e) To grant, extend, adjust, terminate, revoke permit on water resources and permit transfer of right to exploit water resources under their authority; guide register for exploitation, use of water resources;

g) To organize implementation of basic survey, supervision on water resources under decentralization; to report to the Ministry of Natural Resources and Environment on result of basic survey on water resources, situation of exploitation, use, protection of water resources, prevention of, combat against and overcoming of harmful effects caused by water in their localities;

h) To set up database; manage and store information, data of water resources;

i) To inspect, check, solve disputes, handle violations of law on water resources.

2. The district People’s Committees, commune People’s Committees within their duties and powers shall:

a) To implement measures to protect water resources as prescribed by law; to coordinate with agencies, organizations managing observation station, to measure, supervise water resources, the works exploring, exploiting water, discharging sewage into water sources for protection of this works;

b) To organize to respond to, recover incidents of water sources’ pollution; to track, detect and participate in solving incidents of inter-country water sources’ pollution under their authority;

c) To propagate, popularize, educate law on water resources; handle violations of law on water resources; to negotiate, solve disputes on water resources under their authority;

d) Periodically, to sum up, report to People’s Committee at their direct higher level on situation of management, protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water;

dd) To organize register of exploitation, use of water resources, discharge of sewage into water sources under their authority;

d) To implement tasks on state management on water resources under decentralization or authorization of the provincial People’s Committees.

Article 72. Regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins

1. The following activities on river basins need to be regulated, supervised:

a) Coordination of measures on protection of water resources, respond to, overcoming incidents polluting water sources and recovery of water sources  polluted, depleted, prevention of, combat against and overcoming of harmful effects caused by water on river basin;

b) Regulation, distribution of water resources, maintaining minimum flow on rivers, underground water exploitation threshold; regulation, distribution of water sources in case of drought, lack of water on river basins;

c) Construction, operation of reservoirs, dikes and works regulating water on rivers; projects on water transfer and the works of exploitation, use of water with big and important scale on river basin;

d) Discharge of sewage that have hazard causing pollution, deterioration seriously quality of water sources in river basins; overcoming incidents polluting water sources and recovery of water sources polluted on river basins;

dd) Use of soil, exploitation of minerals, protection and development of forest on river basins.

d) Other activities on river basins specified by the Government.

2. Responsibility for regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins is specified as follows:

a) The river basin organization propose regulation, distribution of water sources, supervise exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on one or some inter-country river basins;

b) The provincial People’s Committees direct the regulation, distribution of water sources and coordination, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on intra-country river basins;

c) The Ministry of Natural Resources and Environment uniformly direct coordination of activities of river basin organizations, provincial People’s Committees, relevant agencies, organizations in the regulation, distribution of water sources, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins;

3. The Government stipulates in details the regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water, stipulate on organizational structure and operation of river basin organizations.

Article 73. Authority of grant, extension, adjustment, termination, withdraw of permit on water resources

1. The Ministry of Natural Resources and Environment and provincial People’s Committees execute the grant, extension, adjustment, termination, withdrawal of permit on water resources.

2. The Government stipulates order of, procedures for and detailed provisions on authority of grant, extension, adjustment, termination, withdraw of permit on water resources.

Article 74. The national water resources Council

1. The National Water Resources Council is established by Government to advise for the Government, the Prime Minister in important decisions on water resources within their duties and powers.   

2. The Prime Minister stipulates duties and powers of The National Water Resources Council.

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