Phụ lục: Nghị định 114/2018/NĐ-CP

DECREE

ON DAM AND RESERVOIR SAFETY MANAGEMENT

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law on Hydrometeorology dated November 23, 2015;

Pursuant to the Law on Construction dated June 18, 2014;

Pursuant to the Law on Natural Disasters Prevention and Control dated June 19, 2013;

Pursuant to the Law on Water Resources dated June 21, 2012;

At the request of the Minister of Agriculture and Rural Development and Minister of Industry and Trade;

The Government promulgates a Decree on dam and reservoir safety management.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree provides for management of dam and reservoir safety in respect of dams at the height from 5 m and above or reservoirs with full capacity of from 50,000 m² and above and safety of dam lowlands.

2. This Decree applies for domestic and foreign organizations and individuals involved in activities related to dams and reservoirs in the territory of the Socialist Republic of Vietnam.

Article 2. Definition

For the purpose of this Decree, the term below shall be construed as follows:

1. “dam” refers to a work constructed to raise the water level or cooperate with other works to create a reservoir.

2. “reservoir" refers to a work formed by a dam and relevant works for water storage purpose which regulates water flow, reduces floods and supplies water for agriculture, industry and daily life, generates power and improves the environment, including irrigational reservoirs and hydroelectric reservoirs

3. “relevant work” may be work for discharging and retaining water, power generating system, ship clearance work and work allowing fish movement.

4. “irrigational dam and reservoir” refer to dam and reservoir created to supply water for agriculture, industry and daily life and reduce floods.

5. “hydroelectric dam and reservoir” refer to dam and reservoir created to generate power.

6. “irrigational dam and reservoir owner” refers to any agency exercising rights and obligations of the owner of state capital for state-funded dams and reservoirs as authorized by the State (hereinafter referred to as “the representative agency”) or any organization or individual investing in construction of dams and reservoirs on his/her own; “owner of hydroelectric dams and reservoirs” refers to organization or individual who self-invests in work construction or receives the transfer of dam and reservoir ownership.

7. “irrigational dam and reservoir manager" refers to any professional agency performing state management for irrigation which is affiliated to the Ministry of Agriculture and Rural Development, People’s Committee of various level or representative agency or local irrigation organization or organization or individual who self-construct irrigational dams and reservoirs.

8. “dam and reservoir operator" refers to any organization or individual taking charge of managing and operating dams and reservoirs.

9. “dam lowland” refers to the area flooded when the reservoir is operated for discharging water following the procedure or in case of emergency flood discharge or dam failure.

10. "emergency" refers to any rain or flood in excess of design frequency or earthquake in excess of design standard attacking the reservoir basin or posing a risk to dam safety.

11. “dam safety testing” refers to inspection and assessment of quality or causes for damage or assessment of safety of dams, reservoir and works related to reservoirs through measurement, monitoring and experiment in cooperation with calculation and analysis.

12. “operation surveillance system” refers to a system including devices used for connecting data on dedicated hydrometeorology monitoring and that on floods hitting dam lowlands, work operation surveillance camera system and software supporting operation of dams and reservoirs according to actual development.

Article 3. Dam and reservoir categories

1. Specially important dams and reservoirs refer to:

a) dams at the height of from 100 m and above or dams of reservoirs prescribed in Point b and c this Clause;

b) reservoirs with full capacity of from 1,000,000,000 m³ and above;

c) reservoirs with full capacity of from 500,000,000 m³ to less than 1,000,000,000 m³ of which dam lowland is an important city, district-level town, industrial zone or work related to national security.

2. Large dams and reservoirs refer to:

a) dams at the height of from 15m to less than 100 m or dams of reservoirs prescribed in Point c this Clause;

b) dams at the height of from 10 m to less than 15 m and length of from 500 m and above or dams at the height of from 10 m to less than 15 m with flood discharge flow rate at over 2,000 m³/s;

c) reservoirs with full capacity of from 3,000,000 m³ to less than 1,000,000,000 m³, except for reservoirs prescribed in Point c Clause 1 this Article

3. Medium-size dams and reservoirs refer to:

a) dams at the height of from 10 m to less than 15 m or dams of reservoirs prescribed in Point b this Clause, except for dams prescribed in Point b Clause 2 this Article;

b) reservoirs with full capacity of from 500,000 m³ to less than 3,000,000 m³

4. Small dams and reservoirs refer to dams at the height of less than 10 m or reservoirs with full capacity of less than 500,000m³.

5. The authority to decide the list of specially important, large, small and medium-size dams and reservoirs

a) The Minister of Agriculture and Rural Development and Minister of Industry and Trade shall preside over and cooperate with People's Committees of provinces in which dams and reservoirs are constructed in submitting the proposal of the list of specially important dams and reservoirs to the Prime Minister for ratification.

b) The Minister of Agriculture and Rural Development shall decide the list of large, small and medium-size hydroelectric dams and reservoirs of which operation and maintenance relate to 2 or more than 2 provinces while the Minister of Industry and Trade shall decide the list of large, small and medium-size hydroelectric dams and reservoirs constructed in the area of 2 or more than 2 provinces.

c) Provincial People's Committees shall decide the list of provincial dams and reservoirs, except for dams and reservoirs prescribed in Point a and b this Clause.

Article 4. Dam and reservoir safety management principles

1. Dam and reservoir safety assurance is the top priority in investment in construction, management and operation of dams and reservoirs.

2. Dam and reservoir safety management must be performed regularly and continuously during the process of surveying, designing, constructing, managing, operating and protecting dams and dam reservoirs.

3. Dam and reservoir owners shall take charge of safety of their own dams and reservoirs.

4. Dam and reservoir operators shall take responsibility to manage, operate and ensure safety and efficiency of dams and reservoirs.

Chapter II

DAM AND RESERVOIR SAFETY MANAGEMENT DURING CONSTRUCTION

Article 5. Requirements for design and construction of dams and reservoirs

1. Design and construction of dams and reservoirs shall comply with provisions of the Law on Construction and other relevant law provisions, and the following regulations:

a) Investment in dam and reservoir construction must satisfy requirements specified in Article 17 of the Law on Irrigation;

b) General arrangement and design of dam's structure shall facilitate dam safety management, emergency response, maintenance, reform and repair of works when the dam is damaged;

c) Gate operation procedure and maintenance procedure applied to each work item must be established and approved in conjunction with the design dossier and transferred to the dam and reservoir manager when the work is put into use;

d) The spillway gate run by electricity must be supplied by at least two power sources including one source supplied by a backup power generator;

dd) Dam and reservoir monitoring device must be arranged under current national technical regulations and standards and relevant law provisions;

e) Dams and reservoirs having gates to regulate flood flow must be equipped with operation surveillance system; device for notifying and warning of safety for dams and dam lowlands and dedicated hydrometeorology monitoring device in reservoir basin;

g) Large dams and reservoir with uncontrolled spillways must be equipped with devices for notifying and warning of safety for dams and dam lowlands and dedicated hydrometeorology monitoring device in reservoir basin;

h) Small dams and reservoir with uncontrolled spillways shall comply with regulations in Point g this Clause;

i) A dam and reservoir database must be established.

2. With regard to specially important and large dams and reservoirs, in addition to compliance with regulations in Clause 1 this Article, the investor shall conform to the following regulations:

a) Works for water retaining and discharging whose bottom is below the dam crest must have length and width suitable for work inspection and repair;

b) Construction of management road for emergency response and operation station for management, operation and watchkeeping with the aim of preventing and controlling natural disasters attacking the work is required.

3. As for small and medium-size dams and reservoirs, the investor shall comply with regulations in Clause 2 this Article.

4. During dam and reservoir construction, the investor shall:

a) prepare a natural disaster response plan for the work and dam lowlands as prescribed in Article 6 herein and submit such plan to competent regulatory agencies for approval purpose as prescribed in Article 7 herein;

b) prepare, approve and implement the natural disaster response plan as prescribed in Article 22 of the Law on Natural Disasters Prevention and Control.

5. The investor in dam and reservoir construction shall prepare an emergency response plan as prescribed in Article 25 and 26 herein and submit it to competent regulatory agencies for approval before retaining water then transferring such plan to the dam and reservoir operator and stage management agency for irrigation, hydroelectricity and natural disaster prevention and control.

Article 6. Contents of natural disaster response plans applied to works and dam lowlands during construction

1. Summary of construction features and conditions, progress of construction of floodgates, dams and reservoirs and works relating to natural disaster prevention and control.

2. Prediction of unsafety of dams, reservoirs and dam lowlands and response methods

3. Personnel for plan implementation

Article 7. Appraising and approving the natural disaster response plan applied to works and dam lowlands during construction

1. Application for appraisal

The investor in dam and reservoir construction that request approval for the natural disaster response plan for works and dam lowlands shall submit an application for appraisal directly or by post to the receiving authority prescribed in Clause 5 this Article. The application includes:

a) An application form for ratification of the response plan made for works and dam lowlands;

b) A draft of natural disaster response plan for works and lowlands;

c) A report on the result of technical calculation;

d) Opinions in writing from relevant agencies;

dd) Other relevant documents (if any)

2. Appraisal matters

a) Checking legal bases of the application;

b) Checking and assessing the reliability of documents used in the plan;

c) Judging the reasonability of the application and the draft plan

3. Appraisal procedure

a) The receiving authority shall consider and check the application within 3 working days from the day such application is received; in case the application is found unsatisfactory, such authority shall give a written notice to the applicant for him/her to complete the application as regulated;

b) The receiving authority shall appraise the application and carry out on-site inspection where necessary and submit such application to competent authorities for approval purpose within 20 working days from the day on which the satisfactory application is received; if the application is found ineligible for approval, the receiving authority shall return such application to the applicant and give written explanation.

4. Authorities receiving applications appraising natural disaster response plans for works and dam lowlands (hereinafter referred to as “response plans for works and dam lowlands")

a) Commune-level People’s Committees shall receive applications and appraise response plans for works and dam lowlands as authorized;

b) District-level state management agency for irrigation and hydroelectricity shall receive applications and appraise response plans for works and lowlands of irrigational and hydroelectric dams which will be approved by district-level People’s Committees;

c) The Department of Agriculture and Rural Development shall receive applications and appraise response plans for works and irrigation dam lowlands while the Department of Industry and Trade shall receive applications and appraise response plans for works and hydroelectric dam lowlands which will be approved by provincial People's Committees.

5. Approval competence

a) Commune-level People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands in one commune;

b) District-level People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands in the area of 2 and more than 2 communes in one district;

c) Provincial People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands in provinces, except for cases prescribed in Point a and b this Clause and grant approval for plans applied to dams, reservoirs and dam lowlands in the area of 2 and more than 2 provinces after gaining opinions from People's Committees of relevant provinces.

Article 8. Checking dam and reservoir acceptance

1. Dam and reservoir acceptance shall be checked during construction and when constructed is completed as per provisions of the law on quality control and construction work maintenance.

2. The state council for acceptance of construction works shall check the acceptance performed by the investor in construction of specially important dams and reservoirs and large-scale dams and reservoirs requiring complicated techniques according to the annual list decided by the Prime Minister.

3. Construction-specialized agencies affiliated to the Ministry of Agriculture and Rural Development shall check the acceptance performed by the investor in construction of classed-I and specially-classed dams and reservoirs given by the Prime Minister and irrigational dams and reservoirs of which operation and use relate to 2 or more than 2 provinces irrespective of investment capital sources, except for irrigational dams and reservoirs prescribed in Clause 2 this Article.

4. Construction-specialized agencies affiliated to the Ministry of Industry and Trade shall check the acceptance performed by the investor in construction of classed-I and specially-classed hydroelectric dams and reservoirs, hydroelectric dams and reservoirs given by the Prime Minister and hydroelectric dams and reservoirs constructed in the area within 2 or more than 2 provinces irrespective of investment capital sources, except for hydroelectric dams and reservoirs prescribed in Clause 2 this Article.

5. Chairpersons of provincial People’s Committees shall assign agencies specialized in irrigation and hydroelectricity of provinces to check the acceptance performed by the investor under provincial power for investment decision and acceptance of irrigational and hydroelectric dams and reservoirs constructed in provinces irrespective of investment capital sources, except for dams and reservoir prescribed in Clause 2, 3 and 4 this Article.

Article 9. Dossier retention

Dam and reservoir dossiers shall be made and retained in accordance with provisions of the law on retention and construction and the following regulations:

1. The investor in dam and reservoir construction shall make and retain dossier of construction completion before carrying out acceptance to put the work in operation.

2. As for dams and reservoirs currently in use but their dossier are not retained, the dam and reservoir operator shall make and retain dossier of such work for 3 years from the effective date of this Decree.

3. Managers and operators of dams and reservoirs shall retain construction work dossier for work management and use purpose for a period of time which is equal to the time of such work’s service life as regulated by laws.

4. Specially important, large, small and medium-size dams and reservoirs must have e-dossier and such dossier must be put into the system for management of dam and reservoir database.

Chapter III

DAM AND RESERVOIR SAFETY MANAGEMENT DURING OPERATION

Article 10. Declaration and registration of dam and reservoir safety

1. Responsibility to declare and register dam and reservoir safety

a) The investor in dam and reservoir construction shall make and send a declaration for registration of dam and reservoir safety to competent regulatory agencies within 30 working days from the date of acceptance for use purpose.

b) As for dams and reservoirs currently in operation without any declaration or registration of dam and reservoir safety, the dam and reservoir operator shall make and send the declaration for registration of dam and reservoir safety to competent regulatory agencies within 45 working days from the effective date of this Decree.

c) If any change is made to size, useful purpose, the owner, manager or operator of the dam and reservoir currently in operation, the operator shall adjust the registration of dam and reservoir safety and send the adjusted registration to competent regulatory agencies within 15 working days from the change date.

2. The application form for registration of dam and reservoir safety shall be made according to the Appendix issued thereto.

3. Responsibility to receive declaration and registration of dam and reservoir safety

a) With regard to irrigational dams and reservoirs

District-level People's Committees shall receive declarations and registrations of safety for small irrigational dams and reservoirs in districts and send the consolidated report to the Department of Agriculture and Rural Development.

The Department of Agriculture and Rural Development shall receive declarations and registrations of safety for specially important, large and medium-size irrigational dams and reservoirs in areas under management.

The Department of Agriculture and Rural Development shall establish a database of technical parameters and irrigational dam and reservoir management information and send reports to provincial People’s Committees and the Ministry of Agriculture and Rural Development.

b) With regard to hydroelectric dams and reservoirs: The Industry and Trade shall receive declarations and registrations of safety for hydroelectric dams and reservoirs, establish a database of technical parameters and hydroelectric dam and reservoir management information and send reports to provincial People’s Committees and the Ministry of Industry and Trade.

Article 11. Reservoir operation procedures

1. Reservoir operation procedures must comply with provisions of the Irrigation Law and Law on Water Resources and relevant law provisions, and is conformable to the operation procedure applied to inter-reservoirs in the river basin which is approved by the Prime Minister.

2. Main contents of the procedure

a) Legal bases for establishing the procedure, operation principles, primary technical parameters and function of the reservoir;

b) Regulations on gate operation (if any); particular regulations on reservoir operation during flood season and dry season in normal circumstances and in cases of drought, water shortage, saline intrusion, flooding, water pollution and emergencies;

c) Regulations on monitoring and provision of information on dedicated hydrometeorology monitoring as prescribed in Article 15 herein;

d) Warning of flood discharge in normal circumstances and in emergencies and warning of power generation, including: regulations on time limit for warning before opening the first floodgate, warning signal, warning time, warning position, responsibilities for issuing, announcing and executing the flood discharge order and responsibilities for issuing, delivering and receiving the warning of flood discharge assigned to organizations and individuals;

dd) Regulations on minimum water flow (if any);

e) Regulations on responsibilities and rights of organizations and individuals involved in adoption of reservoir operation procedures as prescribed in Clause 6 Article 13 herein;

g) Regulations on adoption and amendment of reservoir operation procedures

3. Responsibilities for establishing and adjusting reservoir operation procedures

a) The investor in dam and reservoir construction shall establish a reservoir operation procedure and submit it to competent regulatory agencies for approval before retaining water then transfer it to the operator of dam and reservoir and state management agency for irrigation, hydroelectricity and natural disaster prevention and control;

b) As for the reservoir currently in operation without any operation procedure, the irrigational dam and reservoir operator or hydroelectric dam and reservoir owner shall establish an operation procedure and submit it to competent regulatory agencies for approval within 1 year from the effective date of this Decree.

c) The operator of irrigational dam and reservoir or owner of hydroelectric dam and reservoir shall review and adjust the reservoir operation procedure and submit it to competent regulatory agencies for approval every 5 years or when such operation procedure is found no longer appropriate.

Article 12. Appraising, approving, adjusting and publishing reservoir operation procedures

1. Application for appraisal of the reservoir operation procedure

The applicant shall submit the application directly or by post to the receiving authority prescribed in Clause 2 this Article. The application includes:

a) An application form for appraisal

b) The draft reservoir operation procedure;

c) A report on the result of technical calculation;

d) A map of reservoir status;

dd) Opinions in writing from relevant agencies;

e) Other relevant documents

2. Authorities that receive applications and appraise reservoir operation procedures

a) Irrigation Department General shall receive applications and appraise procedures for operation of reservoirs which will be approved by the Ministry of Agriculture and Rural Development.

b) The Industrial Safety Techniques and Environment Agency shall receive applications and appraise procedures for hydroelectric reservoir operation which will be approved by the Ministry of Industry and Trade.

c) The Department of Agriculture and Rural Development shall receive applications and appraise procedures for irrigational reservoir operation which will be approved by provincial People's Committees.

d) The Department of Industry and Trade shall receive applications and appraise procedures for hydroelectric reservoir operation which will be approved by provincial People’s Committees.

dd) State management agency for irrigation affiliated to district-level People's Committees shall receive applications and appraise procedures for irrigational reservoir operation which will be approved by district-level People's Committees.

3. Where necessary, the approval authority shall decide to establish a council for appraisal of reservoir operation procedures.

4. Appraisal authorities shall collect opinions about the draft operation procedure under the following regulations:

a) With regard to reservoir operation procedures approved by the Ministry of Agriculture and Rural Development and Ministry of Industry and Trade, the appraisal authority shall ask for opinions from relevant organizations and individuals and experts and submit the procedure to competent authorities to gain opinions of relevant ministries and provincial People's Committees.

b) With regard to draft reservoir operation procedures approved by provincial People's Committees, the appraisal authority shall ask for opinions from district-level People’s Committees, relevant organizations and individuals and experts;

c) With regard to irrigational reservoir operation procedures approved by district-level People’s Committees, the appraisal authority shall ask for opinions from commune-level People's Committees, relevant organizations and individuals and experts.

5. Appraisal matters

a) Checking legal bases, necessity for establishing reservoir operation procedures and appraisal application;

b) Checking and assessing the reliability of documents used for calculation and calculation results in each operation circumstance;

c) Judging the reasonability and feasibility of the draft operation procedure

6. Appraisal procedure

a) The receiving authority shall consider and check the application within 3 working days from the day such application is received; in case the application is found unsatisfactory, such authority shall give a written notice to the applicant for him/her to complete the application as regulated;

b) The receiving authority shall appraise the operation procedure and submit the application to competent authorities for consideration and approval within 30 working days from the day the satisfactory application is received. In case the application is ineligible for approval, the receiving authority shall give a written notice to the applicant for him/her to complete the application.

7. The authority to approve and publish reservoir operation procedures

a) The Ministry of Agriculture and Rural Development shall approve and publish procedures for operation of specially important irrigational reservoirs and irrigational reservoirs of which operation and protection relate to 2 or more than 2 provinces;

b) The Ministry of Industry and Trade shall approve and publish procedures for operation of specially important hydroelectric reservoirs and hydroelectric reservoirs constructed in the area of 2 or more than 2 provinces;

c) Provincial People’s Committees shall approve and publish or authorize district-level People's Committees to approve and publish procedures for operation of irrigational reservoirs in provinces, except for reservoirs prescribed in Point a this Clause and Clause 8 this Article; approve and publish hydroelectric reservoirs, except for reservoirs prescribed in Point b this Clause and Clause 8 this Article.

8. With regard to small reservoirs, the operator shall establish and publish the operation procedure.

9. Adjusting reservoir operation procedures

a) The operation procedure shall be adjusted if any change is made to water or water resource use demand, scale and function of the reservoir or when such operation procedure is found no longer acceptable;

b) Adjusted contents and adjustment procedure shall comply with regulations in Article 11, Clause 1, 2, 3, 4, 5, 6, 7 and 8 this Article.

10. The operation procedure shall be approved and published meeting the following regulations:

a) The operation procedure shall be posted on the portal or website of the approval authority, appraisal authority, manager and operator for specially important, large and medium-size reservoirs;

b) The operation procedure shall be published at the office of the operator, place of central works and relevant commune-level People’s Committees for small reservoirs.

Article 13. Reservoir operation procedure adoption

1. The dam and reservoir operator shall operate reservoirs following the reservoir and inter-reservoir operation procedures approved by competent regulatory agencies in compliance with regulations in Article 27, 28 and 45 of the Irrigation Law and Clause 3 Article 53 of the Law on Water Resources.

2. Reservoir operation shall be recorded in the operation logbook by the dam and reservoir operator.

3. The operator of irrigational dam and reservoir shall review and assess the result of adoption of operation procedure and send such result to the owner and manager of dam and reservoir every 5 years.

4. The owner of hydroelectric dam and reservoir shall review and assess the result of adoption of operation procedure and send such result to the Department of Industry and Trade for ratification of such operation procedure every 5 years.

5. The Department of Agriculture and Rural Development shall send a consolidated report on results of adoption of procedures for operation of irrigational reservoirs in the areas under management to provincial People’s Committees and the Ministry of Agriculture and Rural Development. The Department of Agriculture and Rural Development shall send a consolidated report on results of adoption of procedures for operation of irrigational reservoirs in the areas under management to provincial People’s Committees and the Ministry of Industry and Trade.

6. Responsibilities and rights of organizations and individuals involved in adoption of reservoir operation procedures

a) The dam and reservoir manager shall provide guidelines for, check and supervise the adoption of procedures for operation of reservoirs and inter-reservoirs approved by competent regulatory agencies;

b) Chairpersons of provincial People’s Committees shall provide guidelines for inspection and supervision of the adoption of procedures for reservoirs and inter-reservoirs under provincial management and provide guidelines for safety assurance and emergency response for dams and reservoirs under management, and notify the Prime Minister of emergencies beyond the provincial capacity of response;

c) The head of the Steering Committee for natural disaster prevention and control, search and rescue of provinces shall put a close watch on development of rains and floods, decide flood regulating plans, issue reservoirs operation order and decision on emergency flood discharge for dams and reservoirs in the area under management as authorized and notify emergencies beyond the provincial capacity of response to the head of central Steering Committee for natural disaster prevention and control;

d) The Minister of Agriculture and Rural Development and Minister of Industry and Trade shall provide guidelines for and carry out inspection of the adoption of procedures for reservoirs and inter-reservoirs approved by competent regulatory agencies proposed by operators of dams and reservoirs under ministerial management, provide guidelines for taking emergency response measures and work out methods for emergency response for dams and reservoirs under ministerial management, and notify emergencies beyond ministerial capacity for response to the Prime Minister and the head of the central Steering Committee for natural disaster prevention and control;

dd) The head of central Steering Committee for natural disaster prevention and control shall provide guidelines for prevention and control of floods hitting dam lowlands as authorized and assigned and give assistance in seeking emergency response methods in case such emergency is beyond the local or ministerial capacity.

Article 14. Dam and reservoir monitoring

1. The dam and reservoir owner shall install dam and reservoir monitoring device under national standards, national technical regulations and relevant law provisions.

2. Responsibilities of dam and reservoir operators

a) Monitor dams, reservoirs, and relevant works as per regulations provided in the design dossier and national standards and national technical regulations in order to keep a continuous watch on work stability and safety;

b) Analyze, assess and process monitoring data, identify abnormal signs for timely handling and store monitoring data as regulated;

c) Notify the monitoring result to the manager and owner of dam and reservoir

Article 15. Dedicated hydrometeorology monitoring

1. The dam and reservoir owner shall wholly fund the dedicated hydrometeorology monitoring for the dam and reservoir.

2. The dam and reservoir operator shall collect forecasts and carry out dedicated hydrometeorology monitoring in conformity with national standards, national technical regulations and relevant law provisions.

3. Monitoring matters

a) With regard to dams and reservoirs having gates to regulate flood flow, monitor precipitation amount in the basin and water level in dam uplands and lowlands, calculate the inflow rate and discharge rate and forecast the inflow and capacity of reservoir water level increase;

b) With regard to large dams and reservoirs with uncontrolled spillways, monitor the precipitation amount in the basin, water level in the dam uplands and lowlands and calculate inflow and water discharge rate;

c) With regard to medium-size dams and reservoirs with uncontrolled spillways, monitor water level in dam uplands and lowlands and calculate the water discharge rate; application of other regulations in Point b this Clause is preferred;

d) With regard to small dams and reservoirs with uncontrolled spillways, monitoring water level in dam uplands and lowlands and water level of the spillway.

4. Monitoring regime

a) With regard to dams and reservoirs having gates to regulate flood flow: Carry out monitoring twice a day at 7:00 and 19:00 in dry season and four times a day at 1:00, 7:00, 13:00 and 19:00 in flood season; in case the dam and reservoir is operated to control floods, carry out monitoring and calculating at least once every hour and once every 4 hours when the reservoir water level exceeds the design flood water level;

b) With regard to dams and reservoirs with uncontrolled spillways: Carry out monitoring twice a day at 7:00 and 19:00 in dry season and four times a day at 1:00, 7:00, 13:00 and 19:00 in flood season when the reservoir water level is below the overflow weir; once every hour when the reservoir level is equal or higher than the overflow weir and once every 4 hours when the reservoir level exceeds the design flood water level.

5. Dam and reservoir operators shall provide dedicated hydrometeorology monitoring information and data and post them on their website as per provisions of the law on hydrometeorology and the following regulations:

a) As for dams and reservoirs having gates to regulate flood flow and specially important and large dams and reservoirs with uncontrolled spillways: Provide hydrometeorology monitoring information and data for the dam and reservoir managers, state management agency for irrigation and hydroelectricity, natural disaster prevention and control agencies of various levels in places where dams, reservoirs and dam lowlands are located, the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade according to ministerial management and central Steering Committees for natural disaster prevention and control in case of emergencies;

b) As for small and medium-size dams and reservoirs with uncontrolled spillways: Provide hydrometeorology monitoring information and data for dam and reservoir managers, state management agencies for irrigation and hydroelectricity and natural disaster prevention and control agencies in places where dams, reservoirs and dam lowlands are located.

6. Information provision and reporting

a) Information and report shall be provided directly, by fax, on the Internet, over the phone, by radiocommunication devices or other communications;

b) The original must be sent to the owner and manager for the purpose of supervision and retention of management dossier.

7. If dams and reservoirs currently in operation are not equipped with dedicated hydrometeorology monitoring device, such device must be installed within 2 years for dams and reservoirs having gates to regulate flood flow and 3 years for dams and reservoirs with uncontrolled spillways from the effective date of this Decree.

Article 16. Checking dams and reservoirs

1. The dam and reservoir operator shall check and assess dam and reservoir safety under the following regulations:

a) Regularly check and observe current water level in order to timely grasp the dam and reservoir situation;

b) Carry out inspection and assessment of dam and reservoir safety and take measures to proactively prevent, control and timely handle damage to ensure dam and reservoir safety before annual flood season;

c) Check in order to discover damage and keep a watch on development of dam and reservoir damage, learn from experiences in natural disaster prevention and control and propose methods and plans for damage or degradation repair after annual flood season;

d) Carry out inspection and assessment of dam and reservoir safety right after heavy rain, flood or massive earthquake hits the area in which dam and reservoir are located;

dd) If any unexpected damage of dam and reservoir is found, promptly notify such damage to the owner and manager of dam and reservoir, and competent regulatory agencies as well as take measures to ensure dam and reservoir safety.

2. Contents of the report on dam and reservoir safety

a) As for specially important and large dams and reservoirs: the highest reservoir water level; maximum flood flow, flood peak, total flood flow; dam monitoring results which have been analyzed, evaluated and processed, results of work inspection before and after rain season and damage of works and repair;

b) As for small and medium-size dams and reservoirs: the highest reservoir water level, results of work inspection before and after rain season, damage and repair.

3. Time for sending periodic reports on dam and reservoir safety

a) Before April 15 every year for northern areas, north central, central highlands and southern areas of Vietnam;

b) Before August 15 every year for south central areas of Vietnam

4. Responsibilities for annually reporting dam and reservoir safety:

a) The dam and reservoir operator shall send reports to the Department of Agriculture and Rural Development which are then consolidated and submitted to People’s Committees of provinces in which irrigational dams and reservoirs are located and the Ministry of Agriculture and Rural Development;

b) The owner of hydroelectric dam and reservoirs shall send reports to the Department of Industry and Trade which are then consolidated and submitted to People's Committees of provinces in which hydroelectric dams and reservoirs are located and the Ministry of Industry and Trade;

c) The Ministry of Agriculture and Rural Development and Ministry of Industry and Trade shall make and send the consolidated report on safety of dams and reservoirs under ministerial management to the Prime Minister.

5. The dam and reservoir operator shall immediately notify People’s Committees and Steering Committees for natural disaster prevention and control, search and rescue of various levels in areas where dams and reservoirs are located and relevant agencies of emergencies as regulated.

Article 17. Responsibilities for checking and assessing dam and reservoir safety before and after annual rain season

1. The Ministry of Agriculture and Rural Development shall carry out inspection and assessment of dam and reservoir safety, decide water storing methods and measures to ensure safety for specially important irrigational dams and reservoirs and irrigational dams and reservoirs of which operation and protection relate to 2 or more than 2 provinces.

2. The Ministry of Industry and Trade shall carry out inspection and assessment of safety of hydroelectric dams and reservoirs, decide water storing methods and measures to ensure safety of specially important hydroelectric dams and reservoirs and hydroelectric dams and reservoirs constructed in the area of 2 or more than 2 provinces, except dams and reservoirs prescribed in Clause 7 this Article.

3. Provincial People’s Committees shall carry out inspection and assessment of dam and reservoir safety, decide water storing methods and measures to ensure safety of provincial dams and reservoirs, except dams and reservoirs prescribed in Clause 1, 2 and 7 this Article,

4. Assessment of dam and reservoir safety shall be carried out by an advisory council. The council shall carry out inspection, research, analysis, assessment and give advice about dam and reservoir safety, water storing methods and measures to ensure dam and reservoir safety.

5. Ministerial advisory council for assessment of safety dam and reservoir safety

a) The Ministry of Agriculture and Rural Development shall decide to establish an advisory council for assessment of safety for dams and reservoirs under ministerial management;

b) The Ministry of Industry and Trade shall decide to establish an advisory council for assessment of safety for specially important hydroelectric dams and reservoirs and hydroelectric dams and reservoirs constructed in the area of 2 or more than 2 provinces, except for dams and reservoirs prescribed in Clause 7 this Article;

c) Members of the council include a chairperson, vice chairperson, secretary, peer reviewers, representatives of state management agencies for irrigation and hydroelectricity affiliated to relevant ministries and local authorities, operators of dams and reservoirs and technical consultants of the council.

6. Provincial advisory council for assessment of dam and reservoir safety

a) Provincial People's Committees shall decide to establish an advisory council for assessment of safety for dams and reservoirs vulnerable to unsafety under provincial management, except for dams and reservoirs prescribed in Clause 7 this Article;

b) Member of the council include a chairperson, vice chairperson, secretary, peer reviewer and representatives of provincial state management agency for irrigation and hydroelectricity, representatives of People's Committees of districts in which relevant dams and reservoirs are located and technical consultants for the council.

7. Advisory council for assessment of safety for dams and reservoirs of hydroelectric works in Black River

a) The Minister of Science and Technology shall decide to establish an advisory council for assessment of safety for hydroelectric dams and reservoirs of hydroelectric works in Black River, including hydroelectric dams and reservoirs of Hoa Binh, Son La, Lai Chau, Huoi Quang and Ban Chat;

b) Members of the council include a chairperson, vice chairperson, secretary, peer reviewer, representatives of state management agencies for irrigation and hydroelectricity affiliated to relevant ministries and local authorities, operators of dams and reservoirs and independent consultant having experiences in construction of irrigational and hydroelectric works;

c) The council shall carry out inspection and assessment of safety for hydroelectric dams and reservoirs of hydroelectric works in Black River.

Article 18. Dam and reservoir safety testing

1. The first testing shall be conducted in the third year from the water storing date to the date the water level is equal to the retention water level or in the fifth year from the water storing date.

2. The testing after the earliest testing for specially important, large and medium-size dams and reservoirs shall be conducted once every five years.

3. Irregular testing shall be conducted in case:

a) any damage or degradation of dams and reservoirs that pose a risk to dam and reservoir safety is found;

there are grounds for extending the service life of the dam and reservoir at the end of their design life or such irregular testing is considered basis for repair and refine of dams and reservoirs;

c) there is any testing decision by regulatory agencies holding the authority to issue testing decision as prescribed in Clause 4 this Article;

4. The authority to decide irregular testing

a) The Ministry of Agriculture and Rural Development shall decide irregular testing of specially important irrigational dams and reservoirs and irrigational dams and reservoirs of which operation and protection relate to 2 or more than 2 provinces;

b) The Ministry of Industry and Trade shall decide irregular testing of specially important hydroelectric dams and reservoirs and hydroelectric dams and reservoirs constructed in the area of 2 or more than 2 provinces;

c) Provincial People's Committees shall decide irregular testing of provincial dams and reservoirs, except for dams and reservoirs prescribed in Point a and b this Article.

5. Testing matters

a) With regard to specially important and large dams and reservoirs: Verify and analyze dam and reservoir monitoring data, survey and explore risks and impairment of works, check the landslide and sedimentation of the reservoir, check the capacity for flood discharge of the reservoir under current national technical regulations and standards, hydrometeorology document and basin changes that have been updated and assess the quality and safety of dams and reservoirs;

b) With regard to small and medium-size dams and reservoirs: Survey and explore risks and impairment of works, check the landslide and sedimentation of the reservoir, check the capacity for flood discharge of the reservoir under current national technical regulations and standards, hydrometeorology document and basin changes that have been updated and assess dam and reservoir quality and safety;

6. Responsibilities for testing of irrigational dam and reservoir safety

a) The operator of irrigational dam and reservoir shall conduct testing according to the approved outline;

b) The manager of irrigational dam and reservoir shall appraise the outline, cost estimate and testing result and grant approval as authorized or submit such outline, estimate and testing result to the dam and reservoir owner for approval purpose, and send the testing result to People's Committees of provinces where irrigational dams and reservoirs are located and the Ministry of Agriculture and Rural Development.

7. The owner of hydroelectric dam and reservoir shall conduct the testing, approve the outline and testing result as per law provisions and send the report on testing results to the Department of Industry and Trade which is then consolidated and submitted to People’s Committees of provinces where hydroelectric dams and reservoirs are located and the Ministry of Industry and Trade.

Article 19. Appraising and approving the outline and result of irrigational dam and reservoir safety testing

1. Application for appraisal and approval

The applicant shall send an application directly or by post to the receiving authority prescribed in Clause 2 this Article. The application includes:

a) An application form for approval;

b) The draft outline of irrigational dam and reservoir safety testing;

c) Other relevant documents (if any)

2. Authorities receiving applications and appraising and approving the outline

a) Irrigation General Department shall receive the application, appraise and approve or send such application to the dam and reservoir owner to approve the outline and result of safety testing for specially important irrigational dams and reservoirs and irrigational dams and reservoir of which the operation and protection relate to 2 or more than 2 provinces;

b) The Department of Agriculture and Rural Development shall receive the application, appraise and approve or send such application to the dam and reservoir owner for approving the outline and result of safety testing for large and medium-size irrigational dams and reservoirs and small irrigational dams and reservoirs which relate to 2 or more than 2 provinces, except dams and reservoirs prescribed in Point a this Clause;

c) District-level state management agencies for irrigation shall receive the application, appraise and approve or send such application to the dam and reservoir owner for approving the outline and safety testing result for small irrigational dams and reservoirs in districts, except dams and reservoirs prescribed in Point b this Clause.

3. Appraisal matters

a) Checking legal bases of the application;

b) Checking and assessing the reliability of documents used;

c) Evaluating the reasonability of the application

4. Appraisal procedure

a) The receiving authority shall consider and check the application within 3 working days from the day such application is received; in case the application is found unsatisfactory, such authority shall give a written notice to the applicant for him/her to complete the application as regulated;

b) The receiving authority shall appraise the application and carry out on-site inspection where necessary and submit the eligible application to competent authorities for approval purpose with 15 working days from the day on which the satisfactory application is received; if the application is found ineligible for approval, the receiving authority shall return such application to the applicant and give written explanation.

Article 20. Maintenance, repair, improvement and modernization of dams and reservoirs and installation of operation surveillance system and devices for warning of safety for dams and dam lowlands

1. Dams and reservoirs must be maintained, repaired, improved and modernized in compliance with provisions of the law on quality control and maintenance of construction works and other relevant law provisions.

2. Dams and reservoirs must be repaired and improved in order to ensure safety of works and dam lowlands before annual rain season if these works:

a) are damaged and degraded and cause a safety risk;

b) are incapable to discharge flood according to current national technical regulations and standard;

c) are vulnerable to landslide and sedimentation of reservoirs.

3. If dams and reservoirs having gates to regulate flood flow currently in operation are not equipped with operation surveillance system and devices for warning of safety for dams and dam lowlands, the aforesaid devices shall be installed within 2 years from the effective date of this Decree.

4. If large dams and reservoirs with uncontrolled spillways currently in operation are not equipped with devices for warning of safety for dams and dam lowlands, the aforesaid equipment shall be installed within 3 years from the effective dates of this Decree.

5. Safety warning devices for dams and dam lowlands shall be installed in small and medium-size dams and reservoirs with uncontrolled spillways.

6. As for dams and reservoirs currently in operation without any procedure for maintenance of each work, the dam and reservoir owner shall establish and approve a maintenance procedure after receiving opinions in writing from the dam and reservoir manager within 2 years from the effective date of this Decree.

7. The dam and reservoir owner shall wholly provide funding for maintenance, repair, improvement, modernization and installation of operation surveillance system and devices for warning of safety for dams, reservoirs and lowlands.

Article 21. Protected zone of dams and reservoirs

1. Protected zone of dams and reservoirs shall cover main works and vicinity thereof.

2. Activities performed in the protected zone must not hinder operation and safety of works; management roads and grounds must be built within such protected zone to maintain works and handle incidents.

3. Vicinity of a reservoir shall include vicinity of dam and reservoir bed following the regulations below:

a) The extent of a dam’s vicinity shall be measured from the dam toe outwards, which is at least 300 m for specially-classed dams, 200 m for classed-I dams, 100 m for classed-II dams, 50 m for classed-III dams and 20 m for classed-IV dams;

b) Vicinity of a reservoir bed shall extend from the reservoir margin with its elevation equal to the crest elevation downwards.

4. Any change in the scale and useful purpose of dam and reservoir shall entail a change in vicinity of such dam and reservoir in consistent with regulations in Clause 3 this Article; The authority granting approval for the dam and reservoir protection plan shall hold the power to approve the adjustments to vicinity of dams and reservoirs.

Article 22. Activities carried out within the protected zone of dams and reservoirs requiring license

1. Activities carried out within the protected zone of dams and reservoirs must be licensed by competent state management agency, including:

a) Construction of new work;

b) Setting up yards for gathering raw materials, fuel, supplies and instruments;

c) Drilling for geological survey and exploration and extraction of minerals, construction materials and underground water;

d) Discharging waste water into reservoirs, except for small-scale waste water discharge and such waste water shall not contain hazardous or radioactive substances;

dd) Growing perennials;

r) Activities related to tourism, sport, scientific research, business and service;

g) Activities by inland waterway vehicles and motor vehicles, except for motors, motorbikes and non-motorized vehicle for inland waterway;

h) Aquaculture;

i) Mine explosion and other explosion-related activities;

k) Underground work construction

2. Issuance, re-issuance, extension, adjustment, suspension and revocation of licenses for activities carried out in the protected zone of irrigational dams and reservoirs shall comply with regulations in Chapter IV of Decree No.67/2018/ND-CP dated May 14, 2018 of the Government on elaboration of several articles of the Irrigation Law.

3. Issuance, re-issuance, extension, adjustment, suspension and revocation of licenses for activities carried out in the protected zone of hydroelectric dams and reservoirs shall comply with regulations in Chapter IV of Decree No.67/2018/ND-CP dated May 14, 2018 of the Government on elaboration of several articles of the Irrigation Law, except for regulations in Article 16 and 17. Authorities to perform the aforesaid jobs and agencies receiving applications for license shall be stipulated as follows:

a) The Ministry of Industry and Trade shall issue, re-issue, extend, adjust, suspend and revoke licenses for activities requiring license carried out within the protected zone of specially important hydroelectric dams and reservoirs, except for activities specified in Point d Clause 1 this Article;

b) The Industry Technique Safety and Environment Agency shall receive applications for license under competence of the Ministry of Industry and Trade;

c) Provincial People’s Committees shall issue, re-issue, extend, adjust, suspend and revoke licenses for activities carried out within the protected zone of hydroelectric dams and reservoirs in provinces, except for hydroelectric dams and reservoirs prescribed in Point a this Clause;

b) The Department of Industry and Trade shall receive applications for license under the competence of provincial People's Committees.

Article 23. Dam and reservoir protection

1. The owner of hydroelectric dam and reservoir operator of irrigational dam and reservoir shall prepare dam and reservoir protection plans.

2. The dam and reservoir protection plan shall contain main contents below:

a) Geographical characteristics, design parameters, ground plan and boundary lines of the protected zone of dams and reservoirs;

b) Review of management, operation and protection of dams and reservoirs;

c) Regime for regular, periodic and irregular inspection and reporting;

d) Regulations on restriction or prohibition of heavy vehicles operating within the protected zone of the work; regulations on fire preventing and fighting and protection of document retention areas and vaults for safekeeping of explosives, inflammable and hazardous substances;

dd) Personnel and assignments for protection duties and protection equipment;

e) Conduct of inspection and control of people and vehicles entering and leaving the work;

g) Prevention, detection and control of encroachment or damage of works and vicinity of dams and reservoirs;

h) Protection and actions against any emergency or risk of emergency that happens to the dam and reservoir;

i) Personnel for plan implementation;

k) Responsibilities of the owner, manager and operator of dam and reservoir, various-level authorities and relevant agencies

3. The boundary of protected zone of irrigational dams and reservoirs shall be marked in compliance with regulations issued by the Minister of Agriculture and Rural Development.

4. Responsibilities for marking the boundary of protected zone of irrigational dams and reservoirs

a) The investor in irrigational dam and reservoir construction shall mark the boundary of the protected zone of dams and reservoirs. Funding for boundary marking shall be included in total investment capital of the construction work;

b) As for irrigational dams and reservoirs currently in operation without any boundary of the protected zone or the protected zone is found no longer acceptable, the operator of dam and reservoir shall mark the boundary of the protected zone. Funding for boundary marking shall be allocated from financial sources for work management and operation and other legal financial sources.

5. The authority to approve dam and reservoir protection plans

a) The Ministry of Agriculture and Rural Development shall approve plans for protection of dams and reservoirs under ministerial management;

b) The Ministry of Industry and Trade shall approve plans for protection of dams and reservoirs constructed in the area of 2 or more than 2 provinces;

c) Provincial People’s Committees shall approve or authorize district-level People’s Committees to approve plans for protection of dams and reservoirs in provinces, except for dams and reservoirs prescribed in Point a and b this Clause and Clause 6 this Article.

6. The operator of small dam and reservoir shall decide the plan for protection of a dam and reservoir.

7. Plans for protections of mandatory dams and reservoirs related to national security shall be implemented as per regulations herein and provisions of the law on protection of mandatory works related to national security.

Article 24. Marking of boundary of the protected zone of hydroelectric dams

1. The boundary shall be marked in the following cases:

a) dams of hydroelectric reservoirs with capacity of from 500,000 m³ and above;

b) dams at a height of from 15 m and above

2. Preparation of plans for boundary marking

The owner of hydroelectric dam and reservoir shall preside over and cooperate with the Department of Resources and Environment and People’s Committees of districts and communes in preparing plans for marking of the boundary of the protected zone of dams.

3. Contents of the boundary marking plan

a) Determination of vicinity of the protected zone as prescribed in Point a Clause 3 Article 21 herein;

b) Determination of marking position;

c) Boundary specifications;

d) Boundary management

4. Approval for the boundary marking plan

a) The owner of hydroelectric dam and reservoir shall submit an application for approval directly or by post to the People's Committee of province where the dam is constructed. The application includes an application form for approval and the boundary marking plan;

If the application is found unsatisfactory, provincial People's Committee shall give a written notice to the owner of hydroelectric dam and reservoir for him/her to complete the application as regulated within 5 working days from the day on which such application is received;

b) The provincial People’s Committee shall carry out appraisal within 25 working days from the day on which the satisfactory application is received;

c) In case the boundary marking plan is consistent with provisions of the law in force and characteristics of the construction place, the provincial People's Committee shall grant approval for such plan within 5 working days from the appraisal date. In case the boundary marking plan is not conformable with provisions of the law in force or unsuitable for characteristics of the construction place, the provincial People's Committee shall send a written request for amendments made to such plan to the owner of hydroelectric dam and reservoir within 5 working days from the appraisal date;

d) With regard to the protected zone of the dam within a commune, the provincial People's Committee shall authorize the People's Committee of commune in which the dam is constructed to approve the plan.

5. Boundary marking and boundary management

a) After the boundary marking plan is approved, the owner of hydroelectric dam and reservoir shall preside over and cooperate with the People’s Committees of province and commune in which the dam is constructed in marking the boundary according to the approved plan;

b) The owner of hydroelectric dam and reservoir shall transfer the boundary marker to the People’s Committees of commune in which the dam is constructed for management purpose within 10 working days from the day on which the boundary marking is completed;

c) In case the boundary marker gets lost or damaged, the People’s Committee of commune in which such boundary marker is constructed shall notify such loss to the owner of hydroelectric dam and reservoir for replacement purpose.

Article 25. Natural disaster response plans and emergency response plans

1. The owner of hydroelectric dam and reservoir and operator of irrigational dam and reservoir shall prepare, review and amend the annual natural disaster response plan and emergency response plan.

2. The natural disaster response plan shall be implemented as per regulations in Article 22 of the Law on Natural Disasters Prevention and Control.

3. Main contents of the emergency response plan

a) A scenario for reservoir operation in case of emergency or dam failure;

b) A flood map made for dam lowlands in case of emergency or dam failure as prescribed in Article 27 herein;

c) Emergencies or dam failure and prediction and plans for response to emergencies or dam failure in central works;

d) Statistical review of people affected and the extent of influences according to the scenario;

dd) Regulations on regime and methods for notifying and warning the local government authority and state management agency for irrigation and natural disaster prevention and control and people living the affected areas;

e) Plans for dealing with floods hitting dam lowlands;

g) Personnel for plan implementation;

h) Responsibilities of the owner, manager and operator of dam and reservoir, various-level government authorities and relevant agencies

4. As for dams and reservoirs having gates to regulate flood flow and large dams and reservoirs with uncontrolled spillways which are currently in operation but not equipped with devices for warning of safety for dams and dam lowlands, installation of the aforesaid equipment is required.

Article 26. Appraising and approving emergency response plans

1. Application for appraisal

The applicant shall submit the application directly or by post to the receiving authority prescribed in Clause 5 this Article. The application includes:

a) An application form for approval;

b) A draft emergency response plan;

c) A report on the result of technical calculation;

d) Opinions in writing from relevant agencies;

dd) Other relevant documents (if any)

2. Appraisal matters

a) Checking legal bases of the application;

b) Checking and assessing the reliability of documents used in the plan;

c) Judging the reasonability of the application and the draft plan

3. Appraisal procedure

a) The receiving authority shall consider and check the application within 3 working days from the day such application is received; in case the application is found unsatisfactory, such authority shall give a written notice to the applicant for him/her to complete the application as regulated;

b) The receiving authority shall appraise the application and carry out on-site inspection where necessary and submit the eligible application to competent authorities for approval purpose within 20 working days from the day on which the satisfactory application is received; if the application is found ineligible for approval, the receiving authority shall return such application to the applicant and give written explanation.

4. Authorities receiving applications and appraising emergency response plans

a) Commune-level People’s Committees shall receive applications and appraise emergency response plans as authorized;

b) State management agencies for irrigation and hydroelectricity in districts shall receive applications and appraise emergency response plans made for irrigational and hydroelectric reservoirs which will be approved by district-level People’s Committees.

c) The Department of Agriculture and Rural Development shall receive applications and appraise emergency response plans made for irrigational reservoirs while the Department of Industry and Trade shall receive and appraise applications for emergency response plans made for hydroelectric reservoirs which will be approved by provincial People's Committees.

5. The authority to grant approval for emergency response plans

a) Commune-level People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands within one commune;

b) District-level People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands located in the area of 2 and more than 2 communes in one district;

a) Provincial People’s Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands in provinces, except for dams and reservoirs prescribed in Point and b this Clause;

d) Provincial People's Committees shall grant approval for plans applied to dams, reservoirs and dam lowlands in the area of 2 or more than 2 provinces after receiving opinions from People's Committees of relevant provinces.

Article 27. Flood map of dam lowlands

1. A flood map means a map showing the flooding extent and level in dam lowlands when the reservoir is operated to discharge water according to the procedure or discharge flood in case of emergencies or dam failure.

2. Bases for making the flood map of dam lowlands

a) With regard to specially important and large reservoirs, the flood map of dam lowlands shall be made under current national technical regulations and standards;

b) With regard to small and medium-size reservoirs, the flood map of dam lowlands shall be made upon consideration of the result of field survey.

3. Responsibilities for making and approving flood map of dam lowlands

a) With regard to the lowland flooded by water discharged from one dam, the dam owner shall make and approve the flood map of such lowland;

b) With regard to the lowland flooded by water discharged from more than on dam in one province, the provincial People's Committee shall make and approve the flood map of such lowland and transfer it to the operator of relevant dam and reservoir to prepare emergency response plan;

b) With regard to the lowland flooded by water discharged from more than on dam in the area of 2 or more than 2 provinces, the Ministry of Agriculture and Rural Development shall make and approve the flood map of such lowland and transfer it to provincial People’s Committees and the operator of relevant dam and reservoir to prepare emergency response plan;

4. The flood map of dam lowlands must be made and approved within 3 days from the effective date of this Decree.

Article 28. Dam and reservoir rescue

1. In case any incident occurs that pose a risk to dam and reservoir safety, the operator of irrigational dam and reservoir and owner of hydroelectric dam and reservoir shall take actions to rescue dams and reservoir and handle incidents as well as notify People's Committees, Steering Committees for natural disaster prevention and control, search and rescue of various levels and central Steering Committee for natural disaster prevention and control for rescuing and timely launch the emergency response plan.

2. People’s Committees and Steering Committees for natural disaster prevention and control, search and rescue of various levels shall:

a) take actions to rescue dams and reservoirs in areas under their management and participate in the rescue of dams and reservoirs in other areas as per law provisions;

b) decide, as authorized, methods for dealing with emergencies in compliance with provisions of the law on natural disaster prevention and control in case of flooding due to dam failure which causes harm to dam lowlands. If the aforesaid agencies are incapable to handle the emergency, they must timely notify such emergency to the superior Steering Committee for natural disaster prevention and control, search and rescue or central Steering Committee for natural disaster prevention and control to ask for assistance.

3. The Ministry of Agriculture and Rural Development and Ministry of Industry and Trade shall cooperate with provincial People's Committees in taking measures to call for human resources, supplies and instruments for rescue of dams and reservoirs under management.

4. The central Steering Committee for natural disaster prevention and control shall decide or send proposal to the Prime Minister for deciding the resource mobilization and methods for rescue of dams and reservoirs as well as emergency response in order to assure safety of dams, reservoirs and dam lowlands in accordance with provisions of the law on natural disaster prevention and control.

5. The national committee for natural disaster prevention, search and rescue shall preside over and take actions against dam failure if local government authorities are incapable to perform such task.

Article 29. Dam and reservoir database system

1. The owner of hydroelectric dam and reservoir and operator of irrigational dam and reservoir shall establish a dam and reservoir database.

2. The dam and reservoir database must be updated regularly and continuously during the management and operation.

3. As for dams and reservoirs currently in operation without any dam and reservoir database, such database shall be established within 3 days from the effective date of this Decree.

4. The Department of Agriculture and Rural Development shall establish a database of irrigational dams and reservoirs under management and add it to the irrigational dam and reservoir database of the Ministry of Agriculture and Rural Development.

5. The Department of Industry and Trade shall establish a database of hydroelectric dams and reservoirs under management and add it to the hydroelectric dam and reservoir database of the Ministry of Industry and Trade.

Article 30. Funding for dam and reservoir safety management

1. Assignment of obligatory expenditures on development investment and recurrent expenditures from state budget to perform tasks related to management of irrigational dam and reservoir safety

a) Recurrent expenditures include expenditures on management and operation of dams and reservoirs, funding for dossier retention prescribed in Article 9, establishment and adjustment of reservoir operation procedures specified in Clause 3 Article 11, dam and reservoir monitoring prescribed in Article 14, dedicated hydrometeorology monitoring prescribed in Article 15, checking and assessment of dam and reservoir safety prescribed in Article 16 and 17, dam safety testing prescribed in Article 18, maintenance of dams and reservoirs and repair of operation surveillance system and devices for notifying and warning of safety for dams and dam lowlands and costs of system operation prescribed in Article 20, funding for preparation and implementation of protection plans, natural disaster response plans and emergency response plans prescribed in Article 23 and 25, funding for making flood map of dam lowlands prescribed in Article 27 for dams and reservoirs currently in operation, funding for dam rescue and handle trivial incidents prescribed in Article 28 and establishment of dam and reservoir database prescribed in Article 29 herein;

b) Expenditures on development investment include funding for investment in construction, repair and improvement of dams and reservoirs, installation of dam and reservoir monitoring devices prescribed in Article 14, installation of dedicated hydrometeorology monitoring devices prescribed in Article 15, installation, repair, improvement and modernization of operation surveillance system and devices for warning of safety for dams and dam lowlands prescribed in Article 23, making of flood map of dam lowlands prescribed in Article 27 in case of new construction or repair or improvement of dams and reservoirs and funding for dam rescue and incident handling (except for trivial incidents) prescribed in Article 28 herein. Management of investment capital shall comply with provisions of the Law on Public Investment and provisions of the law in force.

2. Funding for tasks involved in management of irrigational dam and reservoir safety shall be allocated from state budget of various levels. To be specific:

a) With regard to obligatory expenditures on dam and reservoir management of central government budget, investment capital and state funding shall be allocated from central government budget and other legal funding sources.

b) With regard to obligatory expenditures on dam and reservoir management of local government budget, investment capital and state funding shall be allocated from local government budget and other legal funding sources. As for local authorities facing budget difficulties, the Prime Minister shall consider and give monetary assistance which is allocated from central government budget as per provisions of the Law on State Budget and Law on Public Investment.

c) The Ministry of Agriculture and Rural Development shall prepare a plan for investment capital and make an estimate of funding provided for assurance of safety for specially important irrigational dams and reservoirs and irrigational dams and reservoirs related to 2 or more than 2 provinces and irrigational dams and reservoirs funded by central government budget according to the expenditures specified in this Decree, and send a consolidated report to the Ministry of Planning and Investment and Ministry of Finance in compliance with the Law on State Budget and Law on Public Investment.

3. With regard to hydroelectric and irrigational dams and reservoirs constructed by organizations or individuals themselves, these owners shall wholly provide funding for tasks involved in management of dam and reservoir safety.

4. Funding for making flood map of dam lowlands flooded by water discharged from more than one dam constructed in the area of 2 or 2 provinces shall be given by central government budget to the Ministry of Agriculture and Rural Development for implementation purpose.

Chapter IV

IMPLEMENTATION RESPONSIBILITIES

Article 31. Responsibilities of ministries and ministerial agencies

1. The Ministry of Agriculture and Rural Development shall:

a) issue, as authorized, or submit the proposal to competent regulatory agencies for them to issue and implement plans, policies and legislative document regarding management of irrigational dam and reservoir safety;

b) establish national standards and issue national technical regulations and technical-economic restrictions on management of irrigational dam and reservoir safety;

c) comply with provisions of the law on management of irrigational dam and reservoir safety and instruct local authorities to comply with provisions of the law on management of irrigational dams and reservoirs;

d) organize the declaration and registration of dam and reservoir safety, retain dam and reservoir dossiers, establish, approve and adopt reservoir operation procedures, install dam and reservoir monitoring device and dedicated hydrometeorology monitoring device, check and assess dam and reservoir safety, test dam and reservoir safety, maintain and establish maintenance procedures for dams and reservoirs, install operation surveillance system and device for warning of safety for dams and dam lowlands; mark the boundary of the protected zone of dams and reservoirs, prepare and implement protection plans, natural disaster response plans and emergency response plans and set up a dam and reservoir database system for specially-important irrigational dams and reservoirs and irrigational dams and reservoirs of which the operation and protection relate to 2 or more than 2 provinces;

dd) make a statistical review of irrigational dams and reservoirs and establish and manage irrigational dam and reservoir database;

e) conduct scientific research and apply advanced technologies for management of irrigational dam and reservoir safety and reinforce the agency in charge of management of irrigational dam and reservoir safety, provide training courses in professional skills for persons involved in management of irrigational dam and reservoir safety;

g) organize dissemination and provide education in order to raise people's awareness of irrigational dam and reservoir safety;

h) inspect and handle violations against laws and complaints on management of irrigational dam and reservoir safety;

i) provide guidelines for testing irrigational dam and reservoir safety;

k) include the estimate of funding for assurance of safety for irrigational dams and reservoirs under management in the estimate of annual state budget expenditure made by the Ministry of Agriculture and Rural Development which is sent to the Ministry of Finance and Ministry of Planning and Investment;

l) send the proposal for giving monetary assistance from central government budget to local authorities with the aim of ensuring irrigational dam and reservoir safety to the Prime Minister for ratification purpose.

2. The Ministry of Industry and Trade shall take charge of state management for safety of hydroelectric dams and reservoir. To be specific:

a) Issue, as authorized, or submit the proposal to competent regulatory agencies for them to issue and implement plans, policies and legislative document regarding management of hydroelectric dams and reservoirs;

b) Investigate and establish a database of hydroelectric dams and reservoirs;

c) organize dissemination and provide education in order to raise people's awareness of hydroelectric dam and reservoir safety;

d) inspect and handle violations against laws and complaints on management of hydroelectric dam and reservoir safety;

dd) perform other tasks related to state management for safety of hydroelectric dams and reservoirs.

3. The Ministry of Planning and Investment shall preside over and cooperate with the Ministry of Finance and relevant agencies in balancing and allocating funding for 5-year midterm public investment, annually settle high-priority and mandatory irrigational dams and reservoirs and perform tasks involved in management of dam and reservoir safety in accordance with provisions of the Law on Public Investment, Law on State Management and relevant law provisions.

4. The Ministry of Finance shall preside over and cooperate with the Ministry of Agriculture and Rural Development in balancing and allocating annual state funding for management of dam and reservoir safety from central government budget, funding for rescue and handling of incidents related to irrigational dams and reservoirs and funding for other tasks as prescribed in the law on management of irrigational dam and reservoir safety in compliance with provisions of the Law on State Budget and relevant law provisions.

5. Relevant ministries and ministerial agencies, as authorized and assigned, shall cooperate with the Ministry of Agriculture and Rural Development and Ministry of Industry and Trade in performing duties involved in the state management for dam and reservoir safety.

Article 32. Responsibilities of provincial People’s Committees

1. Provide guidelines and disseminate, and follow legislative documents on management of safety for dams and reservoirs in provinces.

2. Take responsibility for safety of dams and reservoirs in provinces.

3. Carry out inspection and handling of administrative violations relating to management of provincial dam and reservoir safety.

4. Assign responsibilities for performing duties involved in state management for safety of dams and reservoirs under provincial management to management agencies and government authorities of various levels.

5. Allocate annual funding from local government budget to cover expenditure on management of safety for dams and reservoirs under provincial management as per regulations herein and relevant law provisions.

6. Reinforce agencies in charge of management of dam and reservoir safety and provide training courses in professional skills for persons involved in management of provincial dam and reservoir safety.

7. Perform other state management duties relating to safety of dams and reservoirs under management.

Article 33. Transfer provisions

1. As regards reservoir operation procedures

a) Reservoir operation procedures approved before the effective date of this Decree shall be adopted until the date of re-approval;

b) Drafts of reservoir operation procedures submitted to competent authorities for approval purpose before the effective date of this Decree shall be appraised and issued according to Decision No.285/2006/QD-TTg dated December 25, 2006 of the Prime Minister on the authority to issue and adopt procedures for hydroelectric reservoir operation.

2. The boundary of the protected zone of dams and boundary of corridor for reservoir protection that have been marked before the effective date of this Decree shall remain unchanged and will be transferred to People's Committees of communes where dams and reservoirs are constructed for management purpose. 3. As regards plans for flood prevention and control with the aim of dam safety assurance during flood season in 2018

a) The plan for flood prevention and control for dam safety assurance during flood season of 2018 (hereinafter referred to as "2018 flood prevention and control plan") that is approved before the effective date of this Decree shall be implemented until the end of 2018;

b) The draft of 2018 flood prevention and control plan that is submitted to competent authorities for approval purpose before the effective date of this Decree shall be appraised, issued and implemented until the end of 2018 as per regulations in Decree No.72/2007/ND-CP dated May 07, 2007 of the Government on dam safety management.

Article 34. Effect

1. This Decree comes into force from the date on which it is signed for promulgation.

2. Decree No.72/2007/ND-CP dated May 07, 207 of the Government on dam safety management will expire from the effective date of this Decree.

3. Clause 1, 2, 3, 4 and 11 Article 11 of Decree No.67/2018/ND-CP dated May 14, 2018 of the Government on elaboration of several articles of the Law on Irrigation shall be abolished. Dams and reservoirs shall be categorized as per regulations in Article 3 herein.

4. Decision No.285/2006/QD-TTg dated December 25, 2006 of the Prime Minister which provides for the authority to issue and adopt procedures for operation of hydroelectric reservoirs shall be abolished.

Article 35. Implementation responsibilities

Ministers, Directors of ministerial agencies and Governmental agencies, Chairpersons of People’s Committees of provinces and centrally-affiliated cities and relevant organizations and individuals shall take responsibility to implement this Decree./.

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