Chương 1 Nghị định 112/2008/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Decree prescribes the management, protection and integrated exploitation of resources and environment of hydropower and irrigation reservoirs (below collectively referred to as reservoirs).

Article 2.- This Decree applies to domestic and foreign organizations and individuals (below collectively referred to as organizations and individuals) involved in the management, protection, exploitation and use of reservoir resources and environment.

Article 3.- Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Reservoir protection corridor means the area from the boundary having an elevation equal to the highest water level of the design flood including overflow level (for key national reservoirs) or equal to the dam crest's elevation (for other reservoirs) to the reservoir zone clearance boundary.

2. Reservoir zone means the area from the reservoir zone clearance boundary down to the reservoir bed.

3. Reservoir system means a system of many reservoirs on a river or on a system of rivers interrelated in terms of exploitation and use of water resources; river flow regulation, prevention and control of adverse impacts of water and environmental protection in the river basin.

4. Reservoir terrace means a system of reservoirs arranged into a number of levels on the main or tributary river.

5. Minimum flow means the lowest level of flow required for maintaining a river or a river section to ensure the aquatic eco-system's normal development and the minimum level for the exploitation and use of water resources by water users according to the priority level set in the river basin planning.

Article 4.- Principles for management, protection and integrated exploitation of reservoir resources and environment

1. Reservoir construction must conform with the river basin planning approved by a competent state agency.

 2. Reservoir resources and environment must be exploited and used in an integrated, economical and efficient manner without being affected by administrative boundaries. Reservoir resources and environment must be protected on the basis of enhancing state management, institutions, laws, and propagation, education and raising the sense of responsibility of inhabitants and communities in reservoir areas.

3. Exploitation and use of reservoir resources and environment must ensure reservoirs* safe operations and minimum flows without affecting their purposes and functions already approved by competent agencies, and meet requirements on prevention and control of. water source degradation, exhaustion and contamination, and adverse impacts of water on the reservoir basin and lowlands.

4. Planning on and construction of works, and production and service activities, in reservoir protection corridors and reservoir zones must not cause major changes to the flow regime, conform with reservoirs' load and self-cleaning capacity and be approved by competent state agencies.

Article 5.- Prohibited acts in reservoir protection corridors and reservoir zones

1. Causing water source and environment-pollution and degradation, terrain changes and loss of reservoir environmental landscape.

2. Destroying or damaging reservoirs' related works, harming their water sources, and not ensuring their safety and sustainability.

3. Encroaching or building works and dwelling houses not according to planning; dumping earth, rock. sand, gravel, and solid waste and wastewater failing to meet environmental standards into reservoirs.

4. Exploiting endangered precious and rare aquatic species inhabiting in reservoir areas; culturing alien animals and plants of unclear origin, seriously harming the fauna and flora of reservoir areas.