Chương VI Luật thủy lợi 2017: Bảo vệ và bảo đảm an toàn công trình thuỷ lợi

Chapter VI

PROTECTION AND ASSURANCE OF SAFETY FOR IRRIGATION PROJECTS

Article 40. Protected zone of irrigation project

1. Protected zone of irrigation project shall cover main facilities and proximity thereto.

2. Activities carried out within the protected zone of an irrigation project shall not hinder operation and safety of that irrigation project; internal security streets and grounds for maintenance and emergency response shall be built within such protected zone.

3. Proximity to a reservoir, including areas in close proximity to dams and those in close proximity to reservoir beds, shall be subject to the following provisions:

a) Proximity to a dam extends from the foot of the dam outwards. Proximity to a special-grade, grade-I, grade-II, grade-III and grade-IV dam shall extend at least 300 meters, 200 meters, 100 meters, 50 meters and 20 meters, respectively;

b) Proximity to a reservoir bed shall extend from the reservoir margin with its elevation equal to the upper-end elevation downwards.

4. Proximity to a canal shall be subject to the following provisions:

a) With respect to canals with the flow volume ranging from 02 m³/s to 10 m³/s, the protected zone of compacted soil or concrete canals shall extend 02 m - 03 m or 01 m - 02 m from the bottom of external side slope outwards, respectively;

b) With respect to canals with the flow volume ranging from 02 m³/s to 10 m³/s, the protected zone of compacted soil or concrete canals shall extend 02 m - 03 m or 01 m - 02 m from the bottom of external side slope outwards, respectively.

5. Proximity to a river sluice gate shall extend 50 meters from the first gate from both left and right river bank.

6. Any change in scale and purposes of a irrigation project shall entail a change in proximity to that project where conformable to regulations set forth in this Article; the entity having competence in approval of the plan for protection of irrigation projects shall be vested with power to approve change in the distance of proximity for protection of the project.

7. The provincial-level People's Committee shall provide detailed distances of proximity for protection of other irrigation projects located within its jurisdiction.

Article 41. Plan for protection of irrigation projects

1. Organizations obtaining permission for exploitation and utilization of irrigation projects shall be responsible for setting up the plan for protection of these irrigation projects.

2. The plan for protection of irrigation projects shall be comprised of the following information:

a) Geographical characteristics, design parameters, floor plans and boundary lines for protection of security for construction projects;

b) Review of management, operation and utilization of irrigation projects;

c) Reporting, regular, periodic or spontaneous audit mechanism;

d) Regulations on restriction or prohibition of heavy vehicles operating inside the protected zone of irrigation projects; fire prevention and safety regulations; regulations on protection of document storage facilities and vaults for safekeeping of explosives, inflammables and hazardous substances;

dd) Personnel structure and assignment of project security duties;

e) Conduct of screening and inspection of people and equipment or vehicles entering or leaving irrigation projects;

g) Prevention, discovery and termination of any encroachment or damage of irrigation projects and proximity thereof;

h) Protection and action against any emergency or risks of emergency that may happen to irrigation projects.

3. Authority to approve the plan for protection of irrigation projects shall be prescribed as follows:

a) The Ministry of Agriculture and Rural Development approves the plan for protection of irrigation projects managed by itself;

b) The provincial-level People’s Committee approves or vests the district-level People’s Committee with delegated authority to approve the plan for protection of irrigation projects that fall within its jurisdiction, except those specified by Point a of this Clause and Clause 4 of this Article.

4. Organizations or individuals obtaining permission for exploitation and utilization of small-scale irrigation projects shall have authority to decide the plan for protection of these projects.

Article 42. Responsibilities for protection of irrigation projects

1. In case of discovering any acts or natural impacts likely to cause harms or threats to safety of an irrigation projects, organizations or individuals shall promptly notify organizations or individuals obtaining permission for exploitation and utilization of that project or the nearest People's Committee.

2. Organizations or individuals obtaining permission for exploitation and utilization of an irrigation project shall assume the following responsibilities:

a) Carry out the plan for protection of that irrigation project;

b) Conduct regular inspection and audit of that irrigation project;

c) Discover and take immediate action and propose sanctions against violations of laws within the protected zone of that irrigation project;

d) Examine compliance with requirements of the license granted to organizations or individuals obtaining permission to operate within the protected zone of that irrigation project;

dd) In case of emergency or potential risks of emergency, actions shall be taken and reports shall be submitted to the provincial-level People’s Committee and the Ministry of Agriculture and Rural Development;

e) Manage dedicated supplies available for prevention and control of natural disasters;

g) Encourage different organizations and individuals to get involved in protection of irrigation projects.

3. The People’s Committees at all levels shall bear the following responsibilities:

a) Direct and conduct implementation of the plan for protection of irrigation projects that fall within their remits;

b) Mobilize personnel, supplies or equipment for protection of irrigation projects in case of emergencies or risks of emergencies;

c) Prevent and take prompt action against violations of irrigation laws that may be committed within the protected zone of irrigation project, and manage irrigation projects within their respective jurisdictions;

d) Carry out audit of compliance with laws on protection of irrigation projects.

4. The Ministry of Agriculture and Rural Development shall be responsible for directing and cooperating with the provincial-level People’s Committees in protection of irrigation projects managed by itself.

5. The plan for protection of irrigation projects of special importance for national security shall be conducted in accordance with this Law and legislation on protection of irrigation projects of special importance for national security.

Article 43. Marking of the boundary of the protected zone of a irrigation project

1. The project investor shall be responsible for marking the boundary of the protected zone of an irrigation project. Boundary marking funds shall be derived from total investment outlay.

2. Organizations obtaining permission for exploitation and utilization of irrigation projects shall be responsible for marking the boundaries of currently active irrigation projects for their safety. Boundary marking funds shall be derived from sources of financing for management and operation of irrigation projects and other legitimate capital.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations of this Article.

Article 44. Allowed activities carried out within the protected zone of irrigation project

1. Regulatory authorities shall grant the license in order for the following activities to be carried out within the protected zone of an irrigation project:

a) Development of new irrigation projects;

b) Construction of stations or grounds for handling of raw materials, fuels, supplies and equipment;

c) Drilling, boring or excavation for geological survey purposes, exploration, extraction or quarrying of minerals, building materials and exploitation of groundwater;

d) Discharge of wastewater into water bodies at irrigation projects, except for small-scale wastewater discharge, or discharge of wastewater that does not contain hazardous or radioactive substances;

dd) Cultivation of perennial crops;

e) Tourism, sports, scientific research, business and service activities;

g) Activities of inland waterway equipment or motor vehicles, except for motorcycles, mopeds or non-motorized inland watercraft;

h) Fish farming and aquaculture;

i) Blasting and other blasting activities;

k) Construction of underground structures.

2. The Ministry of Agriculture and Rural Development and the provincial-level People's Committee shall be responsible for considering granting the license for activities carried out within the protected zone of irrigation project.

3. The Government shall adopt regulations on authority, processes and procedures for issuance, re-issuance, revision, suspension or revocation of the license referred to in this Article.

Article 45. Safety of dams and reservoirs in the management or operation aspect

1. Safety for dams and reservoirs shall be given top priority during the process of management and operation thereof.

2. Organizations or individuals obtaining permission for exploitation and utilization of dams and reservoirs shall meet competence requirements defined by laws and assume the following responsibilities:

a) Operate and exploit dams and reservoirs in a safe manner and make effective use of irrigation project;

b) Carry out procedures for registration of safety for dams and reservoirs; take charge of preparing and revising the processes for operation of reservoirs and the processes for operation of interconnected multiple reservoirs; conduct dam observations and hydro-meteorological activities; examine current conditions, inspect and assess safety for dams and reservoirs; provide maintenance, repair, improvement and modernization of dams; protect and assure security for irrigation projects, downstream of dams and reservoirs; keep safe custody of documentation in accordance with laws;

c) As for dams or reservoirs built with regulating gates, based on hydro-meteorological forecasts, they shall take proactive approaches to regulating and reducing flood peak and flow to ensure safety for dams and downstream thereof; prior to opening of the first sluice gate for water release, they shall give a notification or provide information in conformity with the processes for operation of reservoirs or the processes for operation of interconnected multiple reservoirs which have been approved by competent regulatory authorities;

d) In case of operation in emergency situations or impossibility of complying with the reservoir or inter-reservoir operation processes, they shall promptly notify natural disaster prevention and control authorities and regulatory authorities having competence in approval of these processes;

dd) In case any risk to dam safety arises, they shall take urgent action to rescue dams and report to competent state authorities, natural disaster prevention and control authorities and entities concerned for their timely support, rescue and direction of response to such risk;

e) Before the rainy season each year, conduct review of current conditions of dams, report to managers of dams and reservoirs.

3. Managers of dams and reservoirs shall assume the following responsibilities:

a) Monitor, inspect and encourage compliance of organizations or individuals obtaining permission for exploitation and utilization of dams and reservoirs with regulations on management of dam safety set out in Point b Clause 2 of this Article and other regulations of related laws;

b) Send a review report on results of assessment of current conditions of the dam that is made by organizations or individuals charged with management and operation of the dam to the People's Committee of the province where the dam is situated, and the Ministry of Agriculture and Rural Development;

c) Request owners of dams and reservoirs to cover dam and reservoir safety costs;

d) Make a decision within their jurisdiction or petition competent regulatory authorities to make a decision on mobilization of personnel, equipment and supplies, and mitigation of consequences of dam or reservoir failure or breakdown.

4. Owners of dams and reservoirs shall assume the following responsibilities:

a) Conduct regular, spontaneous and periodic inspection and evaluation of dams or reservoirs in accordance with laws and regulations;

b) Provide funds to cover dam and reservoir safety costs.

5. Before the rainy season each year, the Ministry of Agriculture and Rural Development and the provincial-level People’s Committee shall conduct assessment of safety of dams and reservoirs; make a decision on the plan for retention and storage of water for reservoirs and solutions to assuring safety for dams or reservoirs within their jurisdiction.

6. The Government shall provide detailed regulations of this Article.

Article 46. Protection of the quality of water inside an irrigation project

1. Organizations or individuals shall be responsible for protecting the quality of water inside an irrigation project.

2. Organizations or individuals licensed to provide irrigation products or services shall have the burden of directly protecting the quality of water insider an irrigation project and controlling discharge of wastewater into that irrigation project.

3. Organizations or individuals obtaining permission to use irrigation products or services shall be responsible for protecting the quality of water during the process of consumption of water.

Article 47. Change of purposes of irrigation projects

1. Change of purposes of existing irrigation projects shall require consent from the authority that has granted approval of investment in such projects and conformity with the approved irrigation plan.

2. The authority granting approval of change of purposes of an irrigation project shall decide measures to assure mutual interest between parties concerned due to change of purposes of such irrigation project.

3. Project investors making change of purposes of irrigation projects shall be responsible for compensating organizations or individuals incurring any loss due to change of purposes of irrigation projects.

Article 48. Measures to deal with existing facilities inside the protected zone of irrigation project

1. If existing facilities inside the protected zone of irrigation project do not harm safety and capacity of irrigation projects, continued use of these facilities shall be allowed, but expansion of their scale or change of their structure shall not be allowed.

2. If existing facilities inside the protected zone of irrigation project cause any harm to safety and capacity of irrigation projects, mitigation measures shall be required; in case of impossibility of taking such measures, they shall be demolished or relocated.

3. The provincial-level People's Committee shall direct the district-level People’s Committees, commune-level People’s Committees and other organizations or individuals obtaining permission for exploitation and utilization of irrigation projects to prepare the plan and carry out demolition or relocation of these facilities as prescribed by Clause 2 of this Article.