Chương IV Nghị định 02/2023/NĐ-CP: Điều phối, giám sát các hoạt động khai thác, sử dụng, bảo vệ tài nguyên nước, phòng, chống và khắc phục hậu quả tác hại do nước gây ra trên lưu vực sông

Chapter IV

REGULATING AND MONITORING EXPLOITATION, USE, PROTECTION OF WATER SOURCES, PREVENTION, COMBAT AND OVERCOMING OF HARMFUL EFFECTS CAUSED BY WATER IN RIVER BASINS

Section 1. Activities in need of regulation and monitoring

Article 44. Activities in river basins in need of regulation and monitoring

1. The activities prescribed in Points a, b, c and d Clause 1 Article 72 of the Law on Water Resources.

2. Other activities in need of regulation and monitoring in river basins prescribed in Point e Clause 1 Article 72 of the Law on Water Resources:

a) River rehabilitation and restoration: Restore and conserve ecosystems, improve water quality; develop wetlands, riverside ecological belts, remove obstructions to flow on rivers; replenish water for depleted water sources, build and upgrade wastewater treatment infrastructure; reduce pollution dispersion in urban and rural areas; strengthen activities to prevent and combat incidents of water source pollution; build water retention infrastructure to increase flow rates in rivers, strengthen riverbanks, dredge river beds.

b) Landscape improvement and development of riverside and lakeside lands: Develop riverside entertainment, festivals, riverside sports; restore and develop riverside history, culture and tourism values.

Article 45. Contents and requirements for the regulation and monitoring of activities in river basins

1. Contents of the regulation: directing and speeding up the cooperation between ministries, central and local authorities and relevant agencies and organizations in complying the regulations prescribed in Article 44 hereof.

2. Monitoring contents: monitor and check the exploitation and use of water resources, discharge of wastewater into water sources and organize implementation of measures to protect water resources, prevent, combat and overcome harmful effects caused by water in river basins.

3. Requirements for the regulation:

a) Ensure the exploitation and use of water sources in a collective, economical and effective manner to satisfy the water supply to the people life and socio-economic development; protect water resources, prevent, combat and overcome harmful effects caused by water;

b) Ensure the uniformity cooperation between agencies participating in regulation in river basins; use sources in a reasonable and effective manner to avoid repetition and wastefulness;

c) Comply river basin planning and plans;

d) Specify presiding agency, cooperation agency and responsibilities of each participating agency.

4. Requirements for the monitoring:

a) Discover unusual changes in flow rates and quality of water sources; provide warnings and forecasts about the risk of pollution, degradation and depletion of water sources in river basins;

b) Detect violations against laws on water resources of organizations or individuals in operating reservoirs, inter-reservoirs and in discharging wastewater into water sources in river basins;

c) Provide information and data serving the regulation of exploitation, use, protection of water sources, prevention, combat and overcoming of harmful effects caused by water prescribed in Article 44 hereof in river basins;

d) Other requirements for management, protection, exploitation and use of water sources, prevention, combat and overcoming of harmful effects caused by water in river basins.

Section 2. Responsibility for regulation and monitoring of activities in river basins

Article 46. Responsibilities of the Ministry of Natural Resources and Environment

1. Take charge and cooperate with relevant ministries, ministerial agencies, Governmental agencies and the People’s Committees of provinces and central-affiliated cities in formulating plans, programs and schemes for performing activities in need of regulation and monitoring prescribed in Article 44 of this Decree for interprovincial river basins and submitting them to the Prime Minister for decision.

2. Take charge of cooperation in responding and overcoming incidents from inter-country and interprovincial water source pollution.

3. Assess and publish minimum flows in rivers or river segments for interprovincial water sources and prescribe minimum flows in lower sections of reservoirs within its domain.

4. Build and maintain a system for monitoring exploitation and use of water resources for interprovincial river basins.

5. Resolve issues arising in the cooperation in performance of agencies participating in regulation and monitoring of activities in interprovincial river basins within the domain of the Ministry or submit them to the Prime Minister for consideration.

Article 47. Responsibilities of the Provincial People’s Committees

1. Develop, approve and organize implementation of plans for distribution of water resources; programs and plans for regulation and improvement of rivers and restoration of polluted or depleted water sources for intra-provincial river basins.

2. Direct response and overcoming of incidents from water source pollution in their provinces and cooperate with other provinces using the same water sources in responding and overcoming incidents from water source pollution.

3. Assess and publish minimum flows in rivers or river segments for intra-provincial water sources and prescribe minimum flows in lower sections of reservoirs within its domain.

4. Build and maintain a system for monitoring exploitation and use of water resources for intra-provincial river basins.

5. Take charge of resolving issues arising in the cooperation in performance of agencies participating in regulation and monitoring of activities in intra-provincial river basins.

6. Cooperate with the Ministry of Natural Resources and Environment in implementing the regulations prescribed in Article 46 hereof.

Article 48. Responsibilities of ministries and ministerial agencies

1. Cooperate with the Ministry of Natural Resources and Environment and the Provincial People’s Committees in regulating and monitoring the exploitation, use, protection of water sources, prevention, combat and overcoming of harmful effects caused by water in river basins.

2. Notify their plans and demands for using water for each water source in river basins to the Ministry of Natural Resources and Environment and the relevant Provincial People’s Committees.

3. Direct the development and revision of plans, programs and specialized schemes related to the exploitation, use, protection of water sources, prevention, combat and overcoming of harmful effects caused by water to be applicable to plans for distribution of water resources, programs and plans for improvement of rivers and restoration of polluted or depleted water sources in river basins and ensure the maintenance of minimum flows that have been published.

4. Direct the development and implementation of plans for regulation of water in reservoirs and plans for water exploitation and use of water exploitation works on rivers following the reservoir and inter-reservoir process issued by competent authorities and according to the plans for distribution of water resources in river basins.

5. Cooperate in resolving issues arising in the process of regulation and monitoring of activities in river basins.