Chương II Luật thủy lợi 2017: Điều tra cơ bản, chiến lược, quy hoạch thủy lợi

Chapter II

IRRIGATION BASIC INVESTIGATION, STRATEGY AND PLANNING

Article 9. Irrigation basic investigation

1. The irrigation basic investigation shall be conducted on an annual or unscheduled basis to collect information, build up the database used for scientific research tasks, draw up strategy, plan, proposal and project for development, management, operation and utilization of irrigation works or facilities.

2. The irrigation basic investigation shall mainly focus on the followings:

a) Realistic conditions concerning quantity, quality and operational capacity of irrigation works or facilities, and consumption demands for irrigation products or services;

b) Realistic conditions concerning the organizational structure and regulatory policy framework that govern irrigation operations;

c) Effects of irrigation works and facilities on environment and people's lives;

d) Collection of information about, observation and monitoring of, 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 or seacoasts where irrigation works or facilities are located;

dd) Impacts on irrigation operations that result from climate change, drought, water shortage, saltwater intrusion, desertification, flood, inundation, waterlogging, aggradation, soil corrosion or landslide affecting irrigation works and facilities, river banks or seacoasts, and socio-economic development activities carried out on river basins.

3. The Ministry of Agriculture and Rural Development shall conduct irrigation basic investigations and mandate the provincial-level People’s Committee to conduct irrigation basic investigations within its local jurisdiction.

4. Authority to approve, release and administer results of irrigation basic investigations shall be prescribed as follows:

a) The Ministry of Agriculture and Rural Development approves, releases and administers results of irrigation basic investigations conducted on its own;

b) The provincial-level People’s Committee approves, releases and administers results of irrigation basic investigations conducted by itself.

Article 10. Irrigation strategy

1. Irrigation strategy shall be established for a cycle of 10 years with a vision towards 30 years or over later on, and shall be consistent with the socio-economic development, national defence and security strategy. Irrigation strategy shall be updated or modified whenever there is any change in the socio-economic development, national defence and security strategy, or any significant change resulting from natural disasters.

2. Irrigation strategy shall define directive standpoints, principles, visions, objectives, duties and solutions and necessary arrangements for implementation of irrigation development tasks throughout the entire country.

3. The Ministry of Agriculture and Rural Development shall take charge of setting up and submitting to the Prime Minister the irrigation strategy.

Article 11. Irrigation planning

1. The irrigation planning shall serve as the basis for development, construction, management, operation, utilization and protection of irrigation works or facilities.

2. The irrigation planning shall be categorized as follows:

a) The general irrigation planning covers the whole country, specific regions, river basins, systems of irrigation works or facilities or administrative divisions with a view to dealing with general matters relating to water supply, crop irrigation and drainage, prevention and control of water-related disasters;

b) The specialized irrigation planning covers specific regions, river basins, systems of irrigation works or facilities or administrative divisions with a view to dealing with one of matters like water supply, crop irrigation and drainage; prevention and control of water-related disasters.

3. The region-specific irrigation planning, the planning for irrigation system, the administrative division-based irrigation plan shall align with the national irrigation plan and river basin-based irrigation plan.

4. The irrigation planning shall remain valid for the period of 10 years with a vision for 20 years or more in the future, and shall be subject to a periodic review conducted every 5 years.

5. The irrigation planning shall be modified in either cases where there is any modification of the socio-economic development, national defence and security strategy, irrigation plan or there is any significant change affecting main objectives of the irrigation plan.

Article 12. Principles of setting up an irrigation plan

1. Match the strategy, plan and proposal for socio-economic development, national defence and security, irrigation strategy and irrigation planning.

2. Attach to the infrastructure and other relevant planning.

3. Provide the general management of water resources and ensure consistency with river basins and systems of irrigation works or facilities, adaptability to impacts resulting from climate change and socio-economic development activities occurring in river basins and sustainable development.

4. Serve multiple objectives, ensure the compatibility between exploitation and protection of natural resources, environment, prevention and control of natural disasters. Give special emphasis on supplying water to islands, coastal regions, boundary areas, mountains, highland areas and areas surrounding hydropower reservoirs.

5. Ensure balanced distribution of water across the nation, within specific regions, river basins, systems of irrigation works or facilities or administrative divisions; transfer water from areas with an abundant volume of water to those with a shortage of water; retain and store water occurring in rainy season and water-abundant years for later use in dry season and water-deficit years, respectively.

6. Ensure that entities, organizations or individuals can give their contributing opinions during the process of establishing the irrigation plan.

Article 13. Inclusions of an irrigation planning

1. The irrigation planning shall define developmental orientation, spatial setting and distribution of irrigation resources by the extent specified in the plan.

2. The irrigation planning shall comprise the following scope of works:

a) Analysis and evaluation of natural and water resource conditions, socio-economic conditions, available resources; assessment of current irrigation conditions and results achieved from implementation of the irrigation planning in the antecedent planning period;

b) Forecast of developmental tendencies and scenarios, water sources in the situation where they are impacted by climate change, natural disasters and river basin developments; forecast of advances in science and technology and resources directly affecting irrigation matters;

c) Evaluation of sectoral and regional connection; identification of socio-economic development requirements concerning irrigation aspects; opportunities and challenges for irrigation development;

d) Determination of irrigation development viewpoints and objectives;

dd) Analysis, calculation and formulation of irrigation approaches based on developmental scenarios that may occur throughout the entire nation, specific regions, river basins, systems of irrigation works or facilities and administrative divisions. The plan shall certainly help create, store, balance, regulate and distribute water resources, minimize risks of drought, saltwater intrusion, desertification, flood, inundation, waterlogging, pollution and degradation to water resources and other water-related disasters;

e) Recommended solutions, list of construction works, projects and order of priority; proposal and suggestion of review based on which adjustments to irrigation-related plans may be made to ensure consistency and uniformity;

g) Anticipation of demands for land used for development, construction, modification and improvement of irrigation works or facilities; demands for land used as the ground for storage of materials produced from dredging and expansion of channels or canals;

h) Solutions and resources available for implementation of the irrigation plan;

i) Zoning drawings or plans.

Article 14. Formulation, approval, revision, release, management and implementation of the irrigation plan

1. Responsibilities for formulation and review of the irrigation plan shall be prescribed as follows:

a) The Ministry of Agriculture and Rural Development conducts formulation and review of irrigation plans covering the entire nation, specific regions, river basins and systems of irrigation works or facilities that involve at least two provinces, systems of irrigation works or facilities that are large and complicated within a single province;

b) The provincial-level People’s Committee conducts formulation and review of irrigation plans within its local jurisdiction, except for those prescribed by Point a of this Clause.

2. Authority to approve and revise an irrigation plan shall be subject to the following provisions:

a) The Prime Minister approves and revises national-scale irrigation plans;

b) The Minister of Agriculture and Rural Development approves and revises irrigation plans stipulated by Point a Clause 1 of this Article, except for national-scale ones;

c) The provincial-level People's Committee petitions the same-level People’s Council to approve and revise the irrigation plan established or reviewed by the Committee itself after obtaining written opinions from the Ministry of Agriculture and Rural Development.

3. Release, management and implementation of an irrigation plan shall be prescribed as follows:

a) Within the duration of 30 days from the date on which the original plan or the revised plan is approved, the Ministry of Agriculture and Rural Development publicly releases details of the original or revised plan as referred to in Point a and b Clause 2 of this Article; the provincial-level People's Committee publicly releases information about the original or revised plan as prescribed by Point c Clause 2 of this Article. Release of details of the irrigation plan shall last during the entire planning period;

b) The Minister of Agriculture and Rural Development manages and conducts the irrigation plan in accordance with Point a and b Clause 2 of this Article; the provincial-level People’s Committee manages and conducts the irrigation plan in accordance with Point c Clause 2 of this Article and under the mandate of the Ministry of Agriculture and Rural Development;

c) Organizations and individuals shall be provided with favorable conditions for oversight of compliance with the irrigation plan.