Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
This Decree provides for the management of river basins, covering basic surveys of the river basin environment and water resources; river basin planning; protection of the river basin water environment; regulation and allocation of water resources and river basin water transfer; international cooperation and implementation of treaties on river basins; organization of river basin coordination; and river basin management responsibilities.
Article 2. Subjects of application
1. This Decree applies to agencies, organizations and individuals conducting activities related to river basins.
2. In case a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of that treaty will prevail.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. International river basin means a river basin where exists one or more than one international water source.
2. River basin group means a group of river basins which are geographically close to one another.
3. River basin list means a collection of river basins classified on the basis of criteria of their importance, basin area, main river length, administrative and territorial characters and others.
4. River basin environment-water resource data directory means a general database of statistical particularities of a river basin, including geographical position, area, total water volume, water quality, water exploitation and use status, wastewater discharge, socio-economic characters and environmental particularities.
5. Plan for water pollution prevention and combat and rehabilitation of polluted water sources covers managerial measures, investment plan and schedule for specific activities to achieve the water quality targets set in water resource protection planning.
6. Water resource regulation and distribution plan covers managerial measures, investment plan and schedule for specific activities to ensure water resource regulation and allocation according to rates set in the water resource allocation planning in order to meet water users’ needs.
7. Minimum flow means the flow at the lowest level necessary for maintaining a river or river section, ensuring the normal development of aquatic ecosystems and the minimum level for water resource exploitation and use by water users in the priority order stated in the river basin planning.
Article 4. Principles for river basin management
1. Water resources in a river basin must be uniformly managed without division among administrative levels, between upstream and downstream; the fairness, rationality and equality in obligations and interests among organizations and individuals in the same river basin must be ensured.
2. Ministries, branches, local administrations at all levels, organizations and individuals shall bear joint responsibility for protecting the water environment in river basins according to law, and actively cooperate in tapping benefits brought about by water resources and ensuring the interests of population communities in river basins.
3. The exploitation and use of water resources and the discharge of wastewater on river basins are liable to financial obligations prescribed by law.
4. The exploitation, use and development of water resources must be combined with the environmental protection and sustainable exploitation of other natural resources in river basins.
5. To comprehensively and uniformly manage water volume and quality, surface and ground water, inland water and river-mouth coastal water, ensuring that water resources are used thriftily and efficiently for multiple purposes.
6. To ensure territorial sovereignty, national interests, equality, reasonability and mutual benefits in environmental protection, water resource exploitation, use and protection, prevention and combat of harms caused by water to international water sources in river basins.
7. To rationally assign and decentralize the state management of river basins; to incrementally socialize the protection of water resources in river basins, mobilizing financial contributions of all economic sectors and population communities and taking advantage of financial assistance of other countries and international organizations for the management and protection of water resources in river basins.
Article 5. Contents of river basin management
1. To formulate and direct basic surveys of the river basin environment and water resources, to make a list of river basins, to establish a database and directories on the river basin environment and water resources.
2. To formulate and direct the implementation of the river basin planning.
3. To decide on measures to protect the water environment, cope with water environmental incidents, prevent, combat and address consequences of harms caused by water on river basins.
4. To regulate and distribute water resources, maintaining minimum flows on rivers; transferring water among sub-basins in a river basin, and from one river basin to another.
5. To inspect and examine the implementation of the river basin planning and handle violations of regulations on river basin management; to settle disputes between localities, between branches and between organizations and individuals in exploiting, using and enjoying benefits from the river basin environment and water resources.
6. To enter into international cooperation on management, exploitation and sustainable development of river basins; to fulfill commitments on international water sources in river basins, which the Socialist Republic of Vietnam has signed or acceded to.
7. To set up river basin-coordinating organizations.
Article 6. Lists of river basins
1. Lists of river basins serve as grounds for:
a/ Organizing the realization of contents of river basin management specified in Article 5 of this Decree;
b/ Decentralizing river basin management and determining river basin management responsibilities of ministries, branches and localities;
c/ Identifying investment priorities for the protection of water resources and sustainable development of river basins.
2. River basin lists are classified as follows:
a/ List of big river basins, covering the basins of the Red, Thai Binh, Bang Giang, Ky Cung, Ma, Ca, Vu Gia, Thu Bon, Ba, Dong Nai and Mekong rivers;
b/ List of inter-provincial river basins, covering river basins lying in two or more provinces and/ or centrally run cities;
c/ List of intra-provincial river basins, covering river basins lying within a province or centrally run city.
Article 7. Investment policies for sustainable development of river basins
1. The State prioritizes investment capital for the management, protection and sustainable development of river basins, covering:
a/ Basic surveys of the river basin environment and water resources; formulation of river basin environment-water resource data directories and building of systems for observation, warning and forecast of the river basin environment and water resources;
b/ Formulation and implementation of river basin plannings, plans for pollution prevention and combat, address of consequences of harms caused by water, plans for regulation and allocation of water sources and development of river basin water resources.
2. To formulate and materialize programs and projects on integrated management of river basin water sources, ensuring the water source balance on national and regional scales in order to meet the water needs of the people’s life and sustainable socio-economic development.
3. Investment in sustainable development of river basins is development investment. The State encourages and creates favorable conditions for all organizations, individuals and communities to invest in the management, protection and sustainable development of water resources in river basins and prevention and combat of harms caused by water.
4. To expand and attract international capital sources for the management and protection of the river basin environment and water resources.
Tìm kiếm
Nghị định 120/2008/NĐ-CP (Bản Word)