Chapter VII
SMALL-SCALE AND INTER-FIELD IRRIGATION PROJECTS
Article 49. Requirements concerning development of small-scale and inter-field irrigation projects
1. Align with irrigation and related plans which have been approved.
2. Ensure that infrastructure facilities of small-scale and inter-field irrigation projects meet requirements that irrigation and drainage technologies are advanced, modern, synchronous, closed and match a variety of agricultural demands; proactive actions are taken to drain water for production and domestic purposes.
3. Apply advanced and water-efficient technologies and technical solutions, and prevent any water loss occurring during the process of construction, management and operation of irrigation projects.
4. Organizations or individuals obtaining permission for use of irrigation products or services shall be charged with investing in development of small-scale and inter-field irrigation projects.
Article 50. Management, operation and utilization of small-scale and inter-field irrigation projects
1. Grassroots-level irrigation institutions obtaining permission for management and operation and utilization of small-scale and inter-field irrigation projects shall include:
a) Cooperatives;
b) Artels.
2. Grassroots-level irrigation institutions referred to in Clause 1 of this Article shall be authorized to establish and operate in accordance with laws and regulations on cooperatives, civil laws and rules or statutes ratified by majority of an organization, and certification by the commune-level People's Committee; all of consumers of irrigation products or services shall be members of grassroots-level irrigation institutions.
3. Grassroots-level irrigation institutions shall be given options of either directly managing, operating, exploiting, or designating other organizations or individuals to manage, operate or exploit small-scale and inter-field irrigation projects.
4. If grassroots-level irrigation institutions have sound competence, unions of grassroots-level irrigation institutions shall be established to acquire transferred authority over the water channeling and transfer system connected to the system of inter-field irrigation projects.
5. The People’s Committees of communes where grassroots-level irrigation institutions, referred to in Clause 1 of this Article, have not been established yet, shall take over responsibilities assigned these grassroots-level irrigation institutions.
6. The Minister of Agriculture and Rural Development shall provide detailed regulations of this Article.
Article 51. Budget for operation of small-scale and inter-field irrigation projects
1. The budget for operation of small-scale and inter-field irrigation projects shall be constituted by:
a) Contributions given by organizations or individuals obtaining permission for use of irrigation products and services;
b) Subsidies from the Government;
c) Investments put by other organizations or individuals.
2. The Government’s subsidies, referred to in Point b Clause 1 of this Article, shall be disbursed through grassroots-level irrigation institutions.
3. Members of a grassroots-level irrigation institution shall approve the level of contribution to that institution according to the majority rule and the principle of calculation of correct and sufficient funds.
4. The Government shall provide regulations on development of small-scale and inter-field irrigation projects.
Article 52. Transfer and withholding of the right to manage and operate state-invested small-scale and inter-field irrigation projects
1. Transfer and withholding of the right to manage and operate state-invested small-scale and inter-field irrigation projects shall be decided by owners of these projects and ensure compliance with laws and regulations on management and use of public assets.
2. Grassroots-level irrigation institutions as transferees of the right to manage and operate state-invested small-scale and inter-field irrigation projects shall implement rights and obligations subject to decisions issued by owners of these projects or under contracts with competent regulatory authorities.
3. Transfer of the right to manage and operate state-invested small-scale and inter-field irrigation projects to grassroots-level irrigation institutions shall be preferred.
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