Chương I Nghị định 02/2023/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Regulated scope and entities

1. This Decree elaborates Clause 4 Article 6; Clause 5 Article 13; Clause 5 Article 29; Clause 4 Article 43; Clause 4 Article 44; Clause 6 Article 52; Point e Clause 1 Article 72; Clause 3 Article 72; Clause 2 Article 73 of the Law on Water Resources on community survey on exploitation and use of water resources of representatives of the residential community and publicizing it; carrying out basic survey of water resources; reforesting the lost forest area and contributing funds for forest protection and development; transferring the right to exploit water resources; registering and issuing permits for exploitation and use of water resources; exploring and exploiting underground water; organizing river basin development and coordination and supervision of exploitation, use and protection of water resources, prevention, combat against and overcoming of harmful effects caused by water in river basins.

2. This Decree is applicable to agencies, organizations, residential community, households and individuals carrying out operations related to the contents prescribed in Clause 1 of this Article on the territory of the Socialist Republic of Vietnam.

Article 2. Community survey on exploitation and use of water resources

Survey on exploitation and use of water resources shall be conducted among representatives under the regulations in Article 6 of the Law on Water Resources, including: representatives of the People’s Committees of communes, the Vietnam Fatherland Front Committees of communes, the People's Committees of districts, representatives of units managing and operating water exploitation and use works affected by the project's water exploitation and use, and other relevant organizations and individuals

Community survey on exploitation and use of water resources significantly affecting production and life of people living in areas of exploitation shall be carried out as follows:

1. Projects on construction of works for exploitation and use of water resources on which community survey is mandatory include:

a) Reservoirs and dams, built on rivers and streams, subject to the request for permission;

b) Works for exploitation and use of surface water other than works stated in point a of this clause with a flow rate of from at least 10 m³ per second;

c) Works for transferring water between water sources;

d) Works for exploitation and use of groundwater (including one or more drilled wells, dug wells, dug holes, corridors, springs and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1.000 m) with a flow rate of at least 12.000 m³/day and night.

2. Survey time:

a) During the process of making projects on investment in the works prescribed in Points a, b and c Clause 1 of this Article;

b) During the process of exploration for works for exploitation and use of groundwater prescribed in Point d Clause 1 of this Article.

3. Information provided to hold a survey includes:

a) Explanation and basic design of the work construction and investment project (feasibility study report) enclosed with the statement submitted to the agency competent to assess the project;

b) Plans for construction of works;

c) Progress of construction of works;

d) Anticipation of impacts of exploitation and use of water and operation of works on water sources, environment and other subjects exploiting and using water possible to be affected during the process of construction and operation of works and during the non-operational periods of works;

dd) Measures to protect water resources, ensure water resource for other subjects exploiting and using water possible to be affected during the process of construction and operation of works and during the non-operational periods of works;

e) Information specified in Clause 1 Article 3 of this Decree;

g) Other data and documents related to exploitation and use of water resources.

4. Surveying agencies:

a) The People’s Committees of districts where the intra-provincial water sources flow through shall carry out survey on works for exploitation and use of intra-provincial water resources prescribed in Points a and b Clause 1 of this Article;

b) The People’s Committees of provinces where the interprovincial water sources flow through shall carry out survey on works for exploitation and use of interprovincial water resources prescribed in Points a and b Clause 1 of this Article;

c) The People’s Committees of districts where the intra-provincial water sources are diverted shall carry out survey on works for water diversion from the intra-provincial water resources;

d) The People’s Committees of provinces where the interprovincial water sources which are diverted flow through shall carry out survey on works for water diversion from the interprovincial water resources;

dd) The People’s Committees of districts where they are intending to set works for exploitation of groundwater shall carry out survey on works for exploitation and use of groundwater prescribed in Point d Clause 1 of this Article.

5. Survey steps:

a) Investors shall send documents and contents prescribed in Clause 3 of this Article to the district-level People’s Committees and district-level Divisions of Natural Resources and Environment if surveying agencies are the district-level People’s Committees or to the provincial People’s Committees and Departments of Natural Resources and Environment if inquiry agencies are the provincial People’s Committees;

b) If surveying agencies are the district-level People’s Committees, within 30 working days from the date of receiving proposals to carry out survey of investors, the district-level Divisions of Natural Resources and Environment shall assist the district-level People’s Committees in organizing working sessions and meetings with relevant agencies, organizations and individuals to comment on scheduled construction works or direct dialogues with investors; and collect opinions, submit them to the district-level People’s Committees and they will transfer them to the investors;

c) If surveying agencies are the provincial People’s Committees, within 40 working days from the date of receiving proposals to carry out survey of investors, the Departments of Natural Resources and Environment shall assist the provincial People’s Committees in organizing working sessions and meetings with relevant agencies, organizations and individuals to comment on scheduled construction works or direct dialogues with investors; and consolidate opinions, submit them to the provincial People’s Committees and they will transfer them to the investors;

d) Apart from information prescribed in Clause 3 of this Article, the investors shall provide additional data, reports and information on their projects if the agencies specified in Clause 4 of this Article make requests and directly report and explain to clarify matters related to their projects at meetings.

6. Investors are responsible for receiving and responding to comments. Comments and explanation documents are included in a project dossier submitted to competent authorities for appraisal and approval and must be attached to the application for granting a water resources licence.

7. The survey or notification before setting up an investment project prescribed in Clause 2 and Clause 3 Article 6 of the Law on Water Resources shall be carried out as follows:

a) For an intra-provincial water diversion project: investor shall send a survey form enclosed with a water diversion scale and plan and related information, data and documents to the People’s Committee of the commune and the People’s Committee of the district where the water source is located and the Department of Natural Resources and Environment.

Within 40 working days from the date of receiving the proposal to carry out a survey of the investor, the Department of Natural Resources and Environment shall assist the People’s Committee of the district and the People’s Committee of the commune in organizing working sessions and meetings with relevant agencies and organizations to comment on the proposed water diversion scale and plan or have a direct dialogue with the investor; consolidate suggestions and submit them to the investor.

b) For an intra-provincial water diversion project, a project on investment and construction of lakes and dams on the main stream in an inter-provincial river basin: investor shall send the survey form enclosed with a water diversion scale and plan and a work construction plan as well as relevant information, data and documents to the People’s Committees of provinces where the inter-provincial water sources are diverted or the People’s Committees of provinces where the main stream flows through, a river basin organization (RBO) (if any) and relevant Departments of Natural Resources and Environment;

Within 07 working days from the date of receiving the proposal to carry out a survey of the investor, the Departments of Natural Resources and Environment shall send the documents to relevant departments and local authorities of provinces;

Within 60 working days from the date of receiving the proposal to carry out a survey of the investor: RBO (if any) shall send a written reply to the investor; the Departments of Natural Resources and Environment shall organize working sessions and meetings with relevant department and local authorities of provinces and relevant organizations and individuals to comment on scheduled construction works or have a direct dialogue with the investor for consolidating comments and submitting them to the People’s Committees of provinces and they will submit them to the investor.

c) For a project on investment and construction of lakes and dams on ramifications of an inter-provincial river basin:

Before the project is set up, investor must send notices on the proposed work construction scale and plan to construct works to RBO and the People’s Committees of provinces belonging to the river basin.

d) On the basis of the comments, the investor shall complete the work construction plan and submit it to the authority competent to issue the water resources licence for consideration and approval of the work construction scale and plan before setting up the investment project.

8. Survey costs shall be paid by the investor.

Article 3. Publication of information

The publication of information concerning exploitation and use of water resources prescribed in Point b Clause 1 Article 6 of the Law on Water Resources shall comply with the following regulations:

1. Investors of the projects prescribed in Clause 1 Article 2 of this Decree must publicize the following information:

a) For the works for exploitation and use of surface water prescribed in Points a, b and c Clause 1 Article 2 of this Decree: purposes for exploitation and use of water; exploited and used water sources; positions of the works for exploitation and use of water; methods for exploitation and use of water; the amount of water exploited and used; exploitation and use periods; basic characteristics of lakes and dams in case of constructing lakes and dams;

b) For the works for exploitation and use of groundwater prescribed in Points d Clause 1 Article 2 of this Decree: purposes for exploitation and use of water; positions of the works for exploitation and use of water; aquifers, depths; total number of wells; total amount of water exploited and used; modes of exploitation; exploitation and use periods.

2. The information shall be publicized under the following forms:

a) Information on mass media of the People’s Committees of districts and web portals of the People’s Committees of provinces prescribed in Clause 3 Article 2 of this Decree;

b) During 30 working days before beginning construction and during the process of construction of works, investors must publicly post the information prescribed in Clause 1 of this Article in the People’s Committees of districts, the People’s Committees of communes and the positions where the works are constructed.

Article 4. National Water Resources Council

1. A National Water Resources Council (NWRC) is established to advise the Government and the Prime Minister of Vietnam on important decisions on water resources under their tasks and entitlements.

2. NWRC is chaired by a Deputy Prime Minister; the Minister of Natural Resources and Environment is act as the Vice Chairperson of NWRC; Council members are leading representatives of relevant ministries, central authorities, agencies and organizations, and the Ministry of Natural Resources and Environment is approved as a standing body of NWRC by the Chairperson of NWRC.

3. Supporting NWRC, there is the Office of NWRC located in the Ministry of Natural Resources and Environment. Organizations and operations of the office of NWRC are stipulated by the Chairperson of NWRC.

4. The Prime Minister prescribes tasks and entitlements of NWRC.

Article 5. River basin organizations (RBOs)

1. Organizations and operations of RBOs are under the regulations of interdisciplinary organizations.

RBOs are responsible for formulating proposals to regulate and distribute water sources, monitor exploitation, use and protection of water resources, prevent, combat and overcome harmful effects caused by water in one or several inter-provincial river basins and submitting them to competent authorities.

2. The Prime Minister of Vietnam shall decide the establishment of Hong - Thai Binh RBO and Mekong RBO, at the request of the Minister of Natural Resources and Environment.

3. The Minister of Natural Resources and Environment shall establish RBOs of inter-provincial river basins other than the cases prescribed in Clause 2 of this Article, at the request of the Head of the water resources authority.