Chương IX Luật thủy lợi 2017: Trách nhiệm quản lý nhà nước về thuỷ lợi

Chapter IX

RESPONSIBILITIES FOR STATE IRRIGATION MANAGEMENT

Article 56. Responsibilities of the Government, Ministries and Ministry-level agencies

1. The Government shall establish a consistent structure of state irrigation management across the nation.

2. The Ministry of Agriculture and Rural Development shall play a central role in assisting the Government in carrying out state irrigation management and assume the following responsibilities:

a) Release within its jurisdiction or request competent authorities to release and conduct implementation of strategies, plans, proposals and regulatory policies and legislative documents relating to irrigation matters;

b) Establish national standards, release national technical regulations, and socio-economic norms for irrigation operations; take charge of establishing and approving the processes for operation of irrigation projects within its jurisdiction;

c) Direct regulation and distribution of water and conduct formulation of plans for use of water within the system of irrigation projects for domestic, agricultural production and other economic activity purposes; lead and cooperate with the Ministry of Industry and Trade in regulation of water within hydropower reservoirs for water uses in case of drought, water shortage or saltwater intrusion;

d) Contribute opinions on strategies and plans for development of national industries and other proposals related to irrigation operations;

dd) Direct, provide guidance on and inspect conformity with requirements concerning prevention, control and mitigation of consequences resulting from droughts, water shortages, saltwater intrusions, desertification, floods, inundation and waterlogging;

e) Conduct dedicated hydro-meteorological observations, forecasts and warnings of drought, water shortage, saltwater intrusion, desertification, flood, inundation, aggradation, soil corrosion or landslide affecting irrigation works and facilities, river banks or seacoasts; volume and quality of water inside irrigation projects for agricultural production, personal and domestic and other economic activity purposes;

g) Issue, re-issue, renew, revise, suspend and revoke licenses to carry out activities within protected zones of irrigation projects;

h) Manage maintenance, investment in improvement, construction or modernization of irrigation projects;

i) Coordinate the management, exploitation, operation and protection of irrigation projects within its jurisdiction; manage safety for dams and reservoirs;

k) Organize the statistics, establishment and management of irrigation database; short-term, long-term and medium-term forecast of water used for irrigation operations and other water uses;

l) Organize the inventory of water inside irrigation projects and a forecast of drought, water shortage and saltwater intrusion in order to set up the plan for retention, storage, regulation, distribution and use of water;

m) Coordinate the scientific research and application of advanced water technologies; provide training sessions and professional and skill development courses for participants in irrigation operations;

n) Administer and distribute subsidies for use of public irrigation products or utilities to organizations or individuals obtaining permission for operation and utilization of irrigation projects that fall under its authority;

o) Organize the dissemination, communication and promotion of public awareness of irrigation matters;

p) Audit and take action against violations of laws, and handle any complaint or accusation related to irrigation matters;

r) Act as a focal point of international cooperation in irrigation operations.

3. Ministries and Ministry-level agencies shall, within their assigned duties and jurisdictions, take responsibility for cooperating with the Ministry of Agriculture and Rural Development in carrying out state management of irrigation operations.

Article 57. Responsibilities of the People’s Committees at all levels

1. The provincial-level People’s Committees shall, within their assigned duties and powers, bear the following responsibilities:

a) Release within its jurisdiction or request competent authorities to release legislative documents relating to irrigation matters;

b) Coordinate the establishment, approval, release and implementation of irrigation plans; approve and coordinate the implementation of plans and projects for construction of irrigation works or facilities;

c) Coordinate the management, operation and utilization of irrigation projects;

d) Assure sufficient budget for investment in development, construction, management, operation, utilization and protection of irrigation works or facilities;

dd) Administer and distribute subsidies for use of public irrigation products or utilities to organizations or individuals obtaining permission for operation and utilization of irrigation projects that fall under its authority;

e) Coordinate the statistics, establishment and management of the irrigation database; a forecast of water used for irrigation and other demands; an inventory of water inside irrigation projects and a forecast of drought, water shortage and saltwater intrusion in order to draw up the plan for regulation and distribution of water for personal, domestic and agricultural production purposes within provinces;

g) Coordinate the public communication and promotion of public awareness of irrigation laws;

h) Issue, re-issue, renew, revise, suspend and revoke licenses or permissions to carry out activities within protected zones of water resource projects;

i) Audit and take action against violations of laws, and resolve any irrigation-related complaint or accusation;

k) Send a periodic review report on irrigation operations to the Minister of Agriculture and Rural Development.

2. The district-level People’s Committees shall, within their assigned duties and powers, bear the following responsibilities:

a) Coordinate the execution of legislative documents on irrigation;

b) Coordinate the implementation of irrigation development plans and schemes;

c) Direct activities performed by organizations or individuals obtaining permission for management, operation or exploitation of irrigation projects;

d) Conduct the statistics, establishment and management of irrigation database;

dd) Coordinate the public communication and promotion of public awareness of irrigation laws;

e) Direct competent authorities to collaborate in inspection of compliance with activity requirements specified in licenses or permissions to carry out activities within protected zones of irrigation projects;

g) Make periodic and spontaneous reports on irrigation operations carried out within districts;

h) Audit and take action against violations of laws, and resolve any irrigation-related complaint or accusation.

3. The commune-level People’s Committees shall, within their assigned duties and powers, bear the following responsibilities:

a) Coordinate the irrigation development under irrigation plans approved by competent authorities;

b) Coordinate the performance of duties assigned grassroots-level irrigation institutions in case they have not been established yet;

c) Mobilize resources available within communes to take necessary action in case of emergencies occurring within irrigation projects in accordance with laws;

d) Cooperate with specialized affiliations of the district-level People's Committees in directing activities performed by organizations or individuals obtaining permission for management, operation and protection of irrigation projects located within communes;

dd) Carry out the public communication of and the education about irrigation laws;

e) Inspect compliance with activity requirements specified in licenses or permissions to carry out activities within protected zones of irrigation projects;

g) Make periodic and spontaneous reports on irrigation operations carried out within communes;

h) Investigate and resolve any irrigation-related complaint or accusation, and prevent and take action against violations of irrigation laws.