Chương I Luật thủy lợi 2017: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Law addresses irrigation water basic investigations, strategies and planning; investments in development and construction of irrigation works and facilities; management, exploitation or utilization of irrigation works and facilities, and operation of hydropower reservoirs for irrigation water uses; irrigation water utilities or services; protection and assurance of safety for irrigation works and facilities; small-scale and inter-field irrigation works or facilities; rights and responsibilities of organizations or individuals engaged in irrigation operations; responsibilities for state management of irrigation operations.

Article 2. Definitions

For the purposes of this Law, terms used herein shall be construed as follows:

1. Irrigation is defined as a set of measures for retention, storage, regulation, transfer, diversion, distribution, supply, application or administration, and drainage of water for crop, fish, aquacultural and salt production purposes, which is incidental to the supply and drainage of water for non-agricultural household or domestic and other industrial purposes, and contributes to prevention and control of natural disasters, environmental protection, adaptation to climate change, and water resource security.

2. Irrigation operation is comprised of irrigation water basic investigation, strategy and planning; investment in development and construction of irrigation works and facilities; management and utilization of irrigation works and facilities, and operation of hydropower reservoirs for irrigation water uses; irrigation services; protection and guarantee of safety for irrigation works and facilities.

3. Irrigation water work or facility (hereinafter referred to as irrigation project) is defined as a water infrastructure engineering project, including dams, reservoirs, sluice gates, pumping stations, water channeling, diversion and transfer systems, levees, dykes or embankments, and other structures for irrigation water management, exploitation and operation purposes.

4. Inter-field irrigation is defined as a canal, channel, trench, tunnel or pipeline for irrigation and drainage purposes that is built within the distance from a point of handover and receipt of irrigation products and services to an arable field.

5. Central irrigation water work or facility (hereinafter referred to as central irrigation project) is defined as a irrigation work or facility located at the starting position of the system for retention, storage, regulation, transfer, diversion, distribution, supply and control of water, or the one located at the ending position of an irrigation and drainage system.

6. Water channeling, diversion and transfer system is defined as a system of canals, channels, trenches, pipelines, siphons, tunnels and water bridges for water diversion and transfer purposes.

7. Dam and reservoir safety is defined as implementation of design, engineering, management and operation measures for the purpose of assuring safety for dams, reservoirs or other relevant facilities, and safety for people and property downstream of a dam.

8. Downstream of a dam is defined as a region being flooded or inundated during the release of water from a reservoir in conformity with regulatory procedures, or during the flood release carried out in case of emergencies or dam failures.

9. Emergency is defined as a situation in which rainfall or flood in excess of the designed frequency, or earthquake in excess of the designed standard, occurs in the drainage basin of a reservoir, or in which other impacts threatening dam safety occur.

10. Owner of an irrigation project refers to an entity or organization whose rights and responsibilities to represent ownership interests in a state-funded irrigation project are delegated by the state; an organization or individual that invests their own funds in construction of irrigation works or facilities.

11. Manager of an irrigation project is defined as a specialized entity performing the function of state irrigation management that is a subsidiary of the Ministry of Agriculture and Rural Development, the People’s Committees at all levels or an organization whose rights and responsibilities to represent ownership interests are delegated by the state; a grassroots-level irrigation institution; an organization or individual that invests their own funds in construction of irrigation works or facilities.

12. Grassroots-level irrigation institution is defined as an organization established by users or consumers of irrigation products or services that enter into cooperation in development, management or operation of small-scale or inter-field irrigation projects.

13. Exploitation, operation or utilization of an irrigation project is defined as operation or utilization of potentials or advantages of an irrigation project for socio-economic development and environmental protection purposes.

14. Irrigation product or service is defined as a product or service that is created as a result of operation or exploitation of an irrigation project.

15. Price of an irrigation product or service is defined as a sum of money paid for a unit of irrigation product or service.

Article 3. Principles in irrigation operations

1. Correspond to the general irrigation management rules; ensure that irrigation operations are in line with practical conditions of river basins, systems of irrigation projects, administrative subdivisions and serve multiple objectives.

2. Ensure national interests, defence and security; environmental protection and adaptability to climate change; contribution to water resource security and sustainable socio-economic development.

3. Take proactive approaches to creating water sources, retaining, storing, regulating, transferring, diverting, distributing, supplying water, using water for irrigation or draining water between seasons and regions; ensure that production, personal or domestic consumption demands may vary depending on irrigation projects, river basins and conditions of specific regions and the entire country.

4. Use water in an economical, safe and effective manner and for predetermined purposes; ensure that the volume and quality of water generated by irrigation projects meet regulatory standards.

5. Guarantee legal rights and benefits of organizations or individuals in relation to irrigation operations; call for all population's involvement in irrigation operations.

6. Organizations or individuals shall be allowed to use irrigation products or services and must be liable for these products or services in accordance with applicable laws; protect safety for human beings and property from adverse impacts caused during the process of development and operation of irrigation projects.

Article 4. Regulatory policy framework for irrigation operations

1. Prefer investing in development of irrigation projects of special importance, large-scale irrigation projects, or irrigation projects located at minority regions, mountains, islands or regions facing extreme socio-economic difficulties, regions with severe water shortages or regions significantly affected by climate change.

2. Provide tax incentives for organizations or individuals charged with managing or operating or utilizing irrigation projects that supply public irrigation products or utilities in accordance with tax laws.

3. Provide subsidies or support for organizations or individuals for investment in development, repair or improvement of systems of small-scale or inter-field irrigation projects; advanced and water-efficient irrigation systems; advanced and modern irrigation and drainage systems; effluent or wastewater treatment systems that serve water reuse purposes.

4. Provide subsidies or support for investment in improvement or modernization of irrigation projects.

5. Provide financial subsidies for use of irrigation products or services appropriate for respective fields or groups of users.

6. Provide favorable treatment for organizations or individuals providing irrigation products or services when they are needed to support prevention, control or mitigation of drought, water shortage, saltwater intrusion, desertification, flood, inundation or waterlogging.

7. Diversify investment forms; provide incentives or favorable conditions for organizations or individuals to facilitate their investment in development, management and operation of irrigation projects.

8. Provide support for persons directly carrying out or those engaged in irrigation operations to have access to training classes and courses for improvement of their competence; provide incentives and favorable conditions for organizations or individuals in order for them to conduct research on or application and transfer of technologies in irrigation operations.

Article 5. Water efficiency in irrigation operations

1. Economical and effective use of water in irrigation operations shall comply with laws on water resources and the following provisions:

a) In the course of setting up the plan and project for construction of irrigation works or facilities, the watershed solution or the solution to water source generation, water loss control, local water use, water recycling and reuse and connection to the inter-regional irrigation system shall be proposed and selected;

b) In the course of performing operation and management tasks, an inventory of water resources and water demands shall be made as the basis for preparation and execution of the scheme for regulating, distributing and using water in a reasonable manner, and controlling any water loss;

c) Production schemes of water consumption sectors, or selection of crop seasons or types of crops or livestock animals, shall match conditions of water resources and include the plan for economical and effective use of water;

d) Irrigation water shall be used in an economical and effective manner and advanced irrigation technologies shall be preferred.

2. Organizations and individuals shall be responsible for using water in an economical, effective and due manner.

Article 6. Science and technology matters in irrigation operations

1. Advanced technologies shall be applied to improve the capability of forecasting or alerting any changes in water resources, volume and quality of water, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, aggradation, soil corrosion or landslide affecting irrigation works and facilities, river banks, seacoasts, impacts caused by climate change and activities taking place within river basins to serve irrigation operations.

2. Advanced technologies shall be applied to save, recycle and reuse water.

3. Scientific research and technological application shall be prioritized to improve efficient operation and management of irrigation projects, prevention and control of natural disasters, adaptability to climate change, conversation of water resources and aquatic ecosystem, and protection of safety for dams or reservoirs.

Article 7. International cooperation in irrigation operations

1. Show respect for independence, sovereignty, territorial integrity, equality and mutual interest in irrigation operations taking place on transnational and transboundary rivers or streams between Vietnam and other countries.

2. Comply with Vietnamese laws and international treaties concerning irrigation operations of which the Socialist Republic of Vietnam is a member state.

3. Exchange information about irrigation operations performed on transnational or transboundary rivers or streams between Vietnam and other countries.

4. Provide preferential treatment for international cooperation in respect of scientific research, technology transfer, training and experience sharing as well as mobilization of resources used in irrigation operations.

5. Play active roles in participating in international organizations relating to irrigation operations.

Article 8. Prohibited acts in irrigation operations

1. Develop and establish irrigation projects in breach of the irrigation planning that has been approved by the competent authority.

2. Dump wastes or sewage within the enclosure of an irrigation project; discharge wastewater in breach of laws and regulations into irrigation projects; perform other acts polluting water existing within irrigation works or facilities.

3. Ruin or, purposely or knowingly, damage irrigation works or facilities.

4. Perform illegal acts, such as blocking, backfilling, digging, or dredging or suctioning mud, sand or gravels from, rivers, canals, trenches, lakes or ponds, which result in impacts on irrigation operations.

5. Operate motor vehicles that exceed the maximum allowable mass on irrigation works or facilities; operate motor vehicles or inland watercraft on irrigation works or facilities without compliance with prohibition signs, except for types of vehicles or transport equipment allowed for traffic participation by laws on road and inland waterway traffic.

6. Hinder audits of irrigation operations.

7. Carry out illegal abstraction of water from irrigation works or facilities.

8. Operate irrigation works or facilities without obtaining permission; operate irrigation works or facilities in breach of regulatory procedures approved by the competent authority.

9. Protest, hinder or disobey the decision issued by a competent entity or person in response to emergencies taking place inside the perimeters of irrigation projects.

10. Encroach upon and illegal use land inside the perimeter of an irrigation work or facility.

11. Perform activities inside the perimeter of a irrigation work or facility without obtaining any license or carry out activities that are not specified in the license to carry out operations referred to in Article 44 hereof.