Chapter III
INVESTMENT IN CONSTRUCTION OF IRRIGATION WORKS OR FACILITIES
Article 15. Rules of investment in construction of irrigation works or facilities
1. Investment in construction of irrigation works or facilities shall comply with laws on investment and construction, and other relevant legislation.
2. The Government may invest in irrigation projects of special importance, large-scale irrigation projects and those facing difficulty in mobilizing social resources, reservoirs located areas facing water scarcity; irrigation projects that support national defence, security, prevention and control of natural disasters; irrigation projects located at minority regions, mountains, islands or regions facing extreme socio-economic difficulties, or regions severely affected by climate change.
3. Organizations or individuals obtaining permission for use of irrigation products or services shall be charged with investing in small-scale and inter-field irrigation projects.
4. The Government shall encourage and provide favorable conditions for organizations and individuals to undertake investment or enter into cooperation in development of irrigation projects under a public-private partnership agreement.
5. Development of irrigation projects shall take into consideration capacity for regulating, transferring, distributing or utilizing water between irrigation projects and other water sources.
6. Geological and seismic factors shall be taken into account in detailed calculation of investment in construction of irrigation works or facilities with the aim of ensuring ultimate safety for these projects and human lives.
Article 16. Categorization and grading of irrigation projects
1. Categorization and grading of irrigation projects shall serve the purpose of investment in development, administration, operation and protection of these irrigation projects.
2. Irrigation projects shall be categorized by scale, functions, roles, levels of risks to downstream regions, including irrigation projects of special importance, large-scale irrigation projects, medium-sized irrigation projects and small-scale irrigation projects.
3. Irrigation projects shall be graded by scale, functions, ecological conditions of foundation and engineering requirements, including irrigation projects of special importance, grade-I, grade-II, grade-III and grade-IV irrigation projects.
4. The Government shall provide detailed regulations of this Article.
Article 17. Requirements set out during the process of investment in construction of irrigation works or facilities
1. Investment in construction of irrigation works or facilities shall satisfy the following requirements:
a) Accord with the irrigation plan;
b) Apply measures to alleviate water loss and reduce land to be used for construction of these irrigation works or facilities;
c) Take into account connection between irrigation projects, between irrigation projects and other relevant infrastructure projects, and between regions or water sources;
d) Ensure that central irrigation projects, and inter-field and closed irrigation projects operate in a synchronous manner within the system of irrigation works and facilities;
dd) Duly coordinate the project approach with the non-project approach;
e) Provide sufficient resources for safe construction of irrigation works or facilities during the flood proofing or control period;
g) Ensure safety for irrigation projects.
2. Projects for maintenance, upgradation and modernization of irrigation works or facilities shall comply with Clause 1 of this Article and ensure that impacts on performance of functions of irrigation projects must be mitigated.
Article 18. Investment in construction of dams and reservoirs
1. Investment in construction of dams and reservoirs shall satisfy requirements set forth in Article 17 hereof and the following provisions:
a) The general layout and dam structure design shall facilitate control of safety for dams, response to any emergency, and maintain, upgrade and repair dams in case of any damage that may occur;
b) Procedures for operation of gates and valves, procedures for maintenance of specific parts of dams or reservoirs, together with design documentation, shall be established and approved and handed over to owners of dams or reservoirs upon the project transfer date;
c) With respect to overflowing occurring at dams or reservoirs with regulating gates and valves, the operational surveillance system, communication and alerting equipment for safety of dams and downstream regions, and dedicated instruments for hydro-meteorological measurement and observation installed at reservoir basins, shall be made in place;
d) With respect to large dams or reservoirs where uncontrolled overflowing occurs, communication and alerting equipment for safety of dams and downstream regions, and dedicated instruments for meteorological and hydrological measurement and observation installed at reservoir basins, shall be made in place.
2. During the process of executing dam or reservoir construction projects, investors, stakeholders or developers of these projects shall be responsible for preparing the plan for response to emergencies that may happen to these projects or downstream thereof for submission to relevant authorities in order for them to grant their approval of that plan and undertaking activities specified in that plan.
3. Investors, stakeholders or developers of reservoirs shall be responsible for preparing reservoir operational procedures, plans for response to emergencies for submission to relevant competent authorities in order for them to grant their approval prior to retention and storage of water and transfer to organizations or individuals for their operation and management, or to regulatory authorities charged with irrigation, natural disaster prevention and control activities.
4. The Government shall provide detailed regulations of this Article.
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