Chương VIII Luật Tài nguyên nước 2023: Trách nhiệm quản lý nhà nước về tài nguyên nước

Chapter VIII

RESPONSIBILITY FOR STATE MANAGEMENT OF WATER RESOURCES

Article 79. Responsibility of the Government, Ministries and ministerial agencies for state management of water resources

1. The Government performs uniform state management of water resources nationwide.

2. The Ministry of Natural Resources and Environment shall act as a conduit assisting the Government in state management of management, protection, regulation, distribution, restoration, development, exploitation and use of water resources; manage river basins and water sources and assume the following responsibility:

a) Promulgate under its authority or submit to competent authorities for promulgation of legislative documents on water resources and organize the implementation thereof;

b) Promulgate national technical regulations; norms and unit prices for planning, baseline survey, exploration, exploitation, use and protection of water resources;

c) Develop and announce the set of national water security indicators and preside over and cooperate with other Ministries, ministerial agencies and provincial People’s Committees in taking water security assurance measures;

d) Organize the compilation of and propose adjustments to the list of transboundary river basins and the list of inter-provincial river basins and submit them to the Prime Minister for promulgation; promulgate and adjust the list of intra-provincial river basins, the list of transboundary surface water sources, the list of inter-provincial surface water sources, and the list of groundwater sources;

d) Disseminate, propagate and communicate information about water resources to raise awareness of water resource protection, exploitation and economical and efficient use of water; carry out inspection and audit, and impose penalties for violations against the law on water resources; provide training in water resources;

e) Organize monitoring, surveillance, warning and forecasting of rain, floods, inundations, droughts, water scarcity, pollution, saltwater intrusion and abnormal phenomena in water resources;

g) Manage, store, announce and publish documents, information and data on water resources; organize the development of and provide guidelines on online public services regarding water resources under its authority;

h) Submit to the Government and Prime Minister a plan to resolve issues related to transboundary water sources, participation in international organizations, and signing of international agreements and treaties related to water resources; preside over international cooperation activities regarding water resources;

i) Act as a standing body of the Vietnam Mekong River Commission and other river basin organizations;

k) Carry out inspection and audit, and impose penalties for violations against law on water resources under its authority;

l) Fulfill other responsibilities as per regulations of this Law and other relevant regulations of law.

3. The Ministry of Agriculture and Rural Development shall, within its jurisdiction, perform state management of planning, construction and operation of works, hydraulic structures and rural water supply facilities, and ensure the safety of irrigation dams and reservoirs under its management according to regulations on exploitation and use of water resources; provide information and data to develop water source scenarios and fulfill other responsibilities as per regulations of this Law and other relevant regulations of law.

4. The Ministry of Industry and Trade shall, within its jurisdiction, perform state management of planning, construction and operation of works serving exploitation and use of water, and ensure the safety of hydroelectric dams and reservoirs under its management according to regulations on exploitation and use of water resources; provide information and data to develop water source scenarios and fulfill other responsibilities as per regulations of this Law and other relevant regulations of law.

5. The Ministry of Construction shall, within its jurisdiction, perform state management of planning, construction and operation of water supply and drainage works for urban areas, high density rural residential areas and dedicated areas under its management according to regulations on exploitation and use of water resources; provide information and data to develop water source scenarios and fulfill other responsibilities as per regulations of this Law and other relevant regulations of law.

6. The Ministry of Foreign Affairs shall, within its jurisdiction, cooperate with the Ministry of Natural Resources and Environment, Ministries, ministerial agencies and local authorities concerned in participating in signing and implementing treaties and international agreements related to water resources; participate in international cooperation with foreign countries and organizations in the area of water resources.

7. The Ministry of National Defense shall, within its jurisdiction, organize the creation of and mobilize forces and means to participate in responding to and remediate water resource deterioration and pollution incidents, and dam and reservoir safety incidents, responding to water-related incidents, disasters and search and rescue in accordance with regulations of law on civil defense, law on state of emergency and relevant laws; cooperate with the Ministry of Natural Resources and Environment in organizing, managing and operating the cross-border water source monitoring system.

8. The Ministry of Public Security shall, within its jurisdiction, formulate and organize the implementation of a plan to protect domestic water supply facilities of special importance; prevent, detect, and fight violations against law on water resources; cooperate and mobilize forces and means to respond to water-related incidents and disasters; ensure political security, social order and safety in areas where water-related incidents and disasters occur according to regulations of law.

9. Ministries and ministerial agencies concerned shall, within their jurisdiction, cooperate with the Ministry of Natural Resources and Environment in state management of water resources in assuring water security and undertaking other tasks as prescribed by this Law.

Article 80. Responsibility of People’s Committees at all levels for state management of water resources

1. Provincial People’s Committees shall, within their jurisdiction, assume the following responsibility:

a) Promulgate legislative documents on water resources under their authority and organize the implementation thereof;

b) Organize the implementation of the national water resources strategy, comprehensive planning for baseline survey of water resources, water resources planning; establish and organize the implementation of a plan to exploit, use and protect water resources, prevent, respond to and recover damage caused by water under provincial planning;

c) Determine deteriorated, depleted or polluted water sources; organize the implementation of the groundwater protection plan;

d) Organize the response to and remediation of water source pollution incidents; monitor, detect and participate in handling transboundary water source pollution incidents under their authority;

dd) Provide information and data to develop water source scenarios; promulgate and adjust the list of intra-provincial water sources;

e) Disseminate, propagate and communicate information about water resources to raise awareness of water resource protection, exploitation and economical and efficient use of water;

g) Manage water source protection corridors; organize surveillance of water resources as decentralized; report to the Ministry of Natural Resources and Environment the management, use and protection of water sources, prevention of, response to and recover from damage caused by water within their areas;

h) Carry out inspection and audit, and impose penalties for violations against law on water resources within their areas;

i) Organize the development of and provide guidelines on online public services regarding water resources under their authority;

k) Cooperate with the Vietnamese Fatherland Front Committee at the same level and its member organizations in disseminating, propagating and communicating information about water resources;

l) Fulfill other responsibility as per regulations of this Law.

2. District-level People’s Committees shall, within their jurisdiction, assume the following responsibility:

a) Implement measures to protect water resources according to regulations of law; cooperate with agencies and organizations in managing water resources monitoring, measurement and surveillance stations and works, water exploration and exploitation works and works for discharging wastewater into water sources in protecting these works;

b) Organize the response to and remediation of water source pollution incidents; monitor, detect and participate in handling transboundary water source pollution incidents under their authority; organize the implementation of measures to prevent, respond to and recover damage caused by water;

c) Disseminate and propagate information about water resources to raise awareness of water resource protection, exploitation and economical and efficient use of water; carry out inspection and audit, and impose penalties for violations against the law on water resources within their areas;

d) Submit a consolidated periodic report on management, protection, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water;

dd) Receive, manage and protect water source protection corridor boundary markers as assigned; organize the registration of water resource exploitation and use under their authority;

e) Perform tasks in state management of water resources as decentralized or authorized by the provincial People’s Committee;

g) Fulfill other responsibilities as per regulations of this Law.

3. Communal People’s Committees shall, within their jurisdiction, assume the following responsibility:

a) Implement measures to protect water resources according to regulations of law; cooperate with agencies and organizations in managing water resources monitoring, measurement and surveillance stations and works, water exploration and exploitation works and works for discharging wastewater into water sources in protecting these works;

b) Disseminate and propagate information about water resources to raise awareness of water resource protection, exploitation and economical and efficient use of water; inspect and impose penalties for violations against the law on water resources within their communes;

c) Receive, manage and protect water source protection corridor boundary markers as assigned; supervise activities within water source protection corridors and domestic water safeguard zones as prescribed;

d) Submit a consolidate periodic report on groundwater exploitation by households for domestic purposes to the district-level People’s Committee;

dd) Perform tasks in state management of water resources as decentralized or authorized by the superior People’s Committee;

e) Fulfill other responsibilities as per regulations of this Law.

Article 81. Coordinating and supervising activities of protection, regulation, distribution, restoration, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water in river basins

1. Coordination and supervision shall cover the following activities performed in river basins:

a) Implement a combination of measures for protection of water resources, response to and remediation of water source pollution incidents, restoration of degraded, depleted and polluted water sources, prevention, response to and recovery from damage caused by water in river basins;

b) Regulate and distribute water resources, maintain minimum flow in rivers and groundwater exploitation threshold; regulate and distribute water resources in the event of droughts and water scarcity in river basins;

c) Build and operate dams, reservoirs and water regulation works in rivers; water transfer projects and large-scale and important water exploitation works in river basins;

d) Discharge wastewater posing a risk of causing serious water source pollution or deterioration; respond to water source pollution incidents, restore degraded, depleted and polluted water sources in river basins;

dd) Use soil, mine minerals, protect and develop forests in river basins;

e) Improve landscapes, develop areas of land along rivers and lakes;

g) Formulate and implement comprehensive inter-provincial river basin planning, procedures for operating inter-reservoirs in river basins, projects involving the transfer of water or construction of lakes and dams in rivers; decision support system to regulate, distribute and regulate water resources in inter-provincial river basins.

2. The Ministry of Natural Resources and Environment shall provide comprehensive directions for coordinating activities of river basin organizations, provincial People's Committees, relevant agencies and organizations in regulating and distributing water resources, and supervising activities of exploitation, use and protection of water resources, prevention of, response to and recovery from damage caused by water in river basins.

3. Provincial People’s Committees shall direct the regulation and distribution of water resources, coordination and supervision of activities of exploitation, use and protection of water resources, prevention of, response to and recovery from damage caused by water in intra-provincial river basins.

4. River basin organizations shall carry out coordination and supervision and undertake the tasks below:

a) Monitor and supervise activities related to the protection, regulation, distribution, development, exploitation and use of water resources, prevention of, response to and recovery from damage caused by water;

b) Contribute their opinions in the course of formulating water resource-related planning, national sector planning, provincial planning, specialized and technical planning containing contents related to the exploitation and use of water resources; inter-reservoir operation procedures;

c) Monitor and supervise the implementation of water resource-related planning and inter-reservoir operation procedures; recommend adjustments where necessary;

d) Propose solutions for resolving disputes and disagreements between Vietnam and countries in transboundary river basins; monitor and supervise upstream countries’ activities related to water resources;

dd) Propose plans to solve issues concerning protection, exploitation, use and development of water sources, wastewater discharge, water source pollution;

e) Participate in and contribute their opinions during the process of developing and approving programs, schemes and projects that have a major impact on water resources and during the process of developing and promulgating water resource-related investment incentives and assistance policies;

g) Support local authorities in deciding water resource regulation and distribution;

h) Participate in resolving conflicts during exploitation, use and protection of water resources in river basins;

i) Organize or participate in research, propose directions, mechanisms, policies, strategies, national sector planning, national key projects related to water resources and other tasks in the river basins regulated by the Government.

5. The Government shall elaborate on the coordination and supervision of activities of exploitation, use and protection of water resources, prevention of, response to and recovery from damage caused by water; promulgate regulations on organizational structure and operation of river basin organizations.