Chương 3 Nghị định 120/2008/NĐ-CP: Quy hoạch lưu vực sông

Chapter 3

RIVER BASIN PLANNING

Article 10. River basin planning

1. A river basin planning comprises the following component plannings:

a/ Planning on allocation of water resources;

b/ Planning on protection of water resources;

c/ Planning on prevention, combat and address of consequences of harms caused by water.

2. A component planning may cover the whole basin, one or a several sub-basins.

Article 11. River basin planning period and elaboration time limit

1. A river basin planning is formulated once for every 10 years and, when necessary, this period can be prolonged but for not more than 5 years after the expiration of the current planning.

2. The river basin planning time limit is 24 months from the date the planning tasks are approved by competent authorities.

Article 12. River basin planning tasks

1. River basin planning tasks include:

a/ To make an overall assessment of the natural environment, socio-economic situation, current status of river basin water resources, water environment protection, water resource exploitation, use and development and water-caused harm prevention, combat and immunization;

b/ To identify water use and drainage objectives and needs, issues to be settled in water environment protection; water resource exploitation, use and development, water-caused harm prevention, combat, minimization and consequence address;

c/ To identify to-be-formulated component plannings, priority order and their planning scope with a view to achieving the set objectives and solving issues identified at Point b, Clause 1 of this Article;

d/ To set solutions and a roadmap for the formulation of river basin plannings.

2. The time limit for the formulation of river basin planning tasks is 6 months from the date the tasks are officially assigned.

Article 13. Grounds for formulation of river basin plannings

1. The river basin lists approved by competent authorities.

2. The Law on Water Resources, the Law on Environmental Protection, the national strategy for water resources, the national strategy for environmental protection, strategic orientations for sustainable development in Vietnam national, regional and local socio-economic development plannings and plans, and other relevant legal documents.

3. Target programs, strategies, plannings and specialized plans which are related to environmental protection, water resource exploitation and use, water-caused harm prevention, combat and minimization.

4. Characters of the national, economic and social environments of river basins and practical potential of water resources.

5. Rights and obligations in treaties on water resources and environment to which the Socialist Republic of Vietnam is a contracting parry.

6. Norms and standards of water resources and water resource-related environment.

7. River basin planning tasks approved by competent authorities.

Article 14. Major contents of a planning on allocation of river basin water resources

1. Assessing the volume and quality and forecasting the development trends of water resources, and the current status of water resource exploitation and use for every water source.

2. Identifying water needs and existing problems in the comprehensive exploitation and use of water resources and establishing the priority order and capacity to meet water needs for daily life, agriculture, hydro-power, fishery, industries, transport, tourism, other socio-economic activities and environmental protection for every water source.

3. Determine the priority order and water resource allocation rates in the water resource exploitation and use for daily life and other purposes, including water needs for environmental protection in case of droughts or water shortage.

4. Determining water use purposes, minimum flows to be maintained in river sections in basins and necessary measures to deal with matters specified in Clause 2 of this Article.

5. Proposing networks for water resource supervision, water use oversight and the adjustment of parameters or adjustment of the current operation of water resource-exploiting and -using works (if necessary).

6. Identifying needs for water transfer among sub-basins within a river basin; needs for water transfer with other river basins (if any).

7. Proposing construction measures for water resource development with a view to meeting the needs for water for socio-economic development in the basins.

8. Identifying planning implementation solutions and schedule.

Article 15. Major contents of a planning on protection of river basin water resources

1. Identifying the positions, scopes and extents of polluting sources in river basins; polluted, degenerated and exhausted areas; causes of water source pollution, degeneration or exhaustion.

2. Assessing the current status and developments of water quality for each water source, classifying areas based on water quality.

3. Determining and assessing the importance of aquatic eco-systems.

4. Identifying water quality targets on the basis of water use purposes for every water source.

5. Identifying solutions for the protection of the water environment and rehabilitation of polluted, degenerated or exhausted water sources.

6. Proposing networks for overseeing river basin water quality, supervising the discharge of wastewater into water sources and the adjustment of parameters or adjustment of the current operation of works protecting water resources in river basins (if any).

7. Proposing non-construction or construction measures to achieve the river basin water quality targets.

8. Identifying planning implementation solutions and schedule.

Article 16. Major contents of a planning on prevention, combat and address of consequences of harms caused by water in river basins

1. Assessing the situation and development and determining the cause of, and classifying areas based on water-caused harms in river basins.

2. Evaluating general effects of construction or non-construction measures implemented in river basins to prevent, combat, minimize and address consequences of water-caused harms and the impacts of these measures on flooded areas and submerged regions, the river-bed, river-bank, river-mouth and coastal deposit and erosion.

3. Determining the standards of flood and drought prevention and combat for the whole river basins, each region and each sub-basin.

4. Proposing the adjustment of parameters or the current operation of water harm-preventing, -combating and -minimizing and consequence-addressing facilities (if any).

5. Determining solutions for raising the quality and efficiency of activities of preventing, combating and minimizing water-caused harms and addressing their consequences, and the systems of warning and forecasting floods, droughts and other natural disasters.

6. Proposing construction or non-construction measures to minimize water-caused harms and address their consequences, to protect regions prone to floods or droughts; to preserve submerged regions and ensure standards of flood and drought prevention and combat for the whole river basins, each region and each sub-basin.

7. Identifying planning implementation solutions and schedule.

Article 17. Formulation of river basin plannings

1. Responsibilities to formulate river basin plannings

a/ The Ministry of Natural Resources and Environment shall formulate planning tasks and drafts for river basins on the list of big river basins or the list of inter-provincial river basins:

b/ Provincial-level People’s Committees shall formulate planning tasks and drafts for river basins in their respective localities, which are on the list of intra-provincial river basins;

c/ The agencies defined at Points a and b, Clause 1 of this Article, shall coordinate with concerned ministries, branches and localities in drafting river basin plannings.

2. Draft river basin plannings must be commented by concerned ministries, branches, localities and economic organizations relates in the exploitation and use of water resources or discharge of wastewater into water sources, and representatives of population communities living in river basin areas, before they are submitted to competent authorities for consideration and approval.

3. The Ministry of Natural Resources and Environment shall detail the norms, standards, criteria, contents, order and procedures for formulating, appraising and approving river basin plannings.

Article 18. Adjustment of river basin plannings

1. A river basin planning may be examined and adjusted in one of the following circumstances:

a/ There arise big changes in natural conditions in the river basin;

b/ The socio-economic development master plan is adjusted, thus altering the objectives of the rive ;basin planning;

c/ Adjustment is proposed by ministries, branches, the River Basin Committee or local People’s Committees involved in the implementation of the river basin planning.

2. The time of adjustment of a river basin planning shall be decided by the competent agency having approved the river basin planning.

3. River basin planning adjustment must be based on the results of analyzing and evaluating the implementation of the approved river basin planning and defining factors affecting the planning adjustment, ensure continuity and only cover altered contents.

4. The formulation, appraisal and approval of adjusted contents comply with the provisions of this Decree.

Article 19. Organization of implementation of river basin plannings

1. Publicization of river basin plannings:

a/ The Minister of Natural Resources and Environment shall publicize plannings on river basins on the list of big river basins or the list of inter-provincial river basins;

b/ Presidents of provincial-level People’s Committees shall publicize plannings on river basins lying within their respective localities, which are on the list of intra-provincial river basins;

c/ The Ministry of Natural Resources and Environment shall detail the to-be-publicized contents and forms of publicizing river basin plannings.

2. Ministries, branches and provincial-level People’s Committees shall base on the approved river basin plannings to formulate their plans on water resource exploitation and use and approve them after they are appraised by the Ministry of Natural Resources and Environment.

3. Ministries, branches and People’s Committees of provinces in river basins shall direct and organize the implementation of river basin plannings with regard to tasks falling under their respective responsibilities and adjust, within the ambit of their respective state management responsibilities, strategies, plannings and plans which are not in line with the approved river basin plannings.

4. The River Basin Committees defined in Article 30 of this Decree (below referred to as the River Basin Committees) shall discuss and propose measures to implement or adjust river basin plannings; propose competent state agencies to settle disputes among state agencies, organizations and individuals in the course of organizing the implementation of river basin plannings; and annually report on the implementation to the Ministry of Natural Resources and Environment.

5. Professional associations, economic organizations and collectives and population communities are obliged and provided with conditions to exercise the right to supervise and propose specific measures for the implementation of river basin plannings.

6. The Ministry of Natural Resources and Environment shall inspect and annually report to the Prime Minister on the implementation of river basin plannings throughout the country.

Article 20. Funds for formulation and implementation of river basin plannings

1. Funds for the formulation of planning tasks and drafts for river basins on the list of big river basins or the list of inter-provincial river basins will be supplied by the state budget and incorporated into the annual budgets of the Ministry of Natural Resources and Environment.

2. Funds for the formulation of planning tasks and drafts for river basins on the list of intra-provincial river basins will be supplied by the state budget and incorporated into the annual budgets of provinces.

3. Funds for the implementation of river basin plannings of ministries, branches or localities will be incorporated into the annual budget estimates of ministries, branches or localities in accordance with the Law on State Budget.

4. Amounts donated by domestic and foreign organizations and individuals and other lawful financial sources as provided for by law may be used for the formulation and implementation of river basin plannings.

Article 21. Archival of files on river basin plannings

1. Investors shall submit river basin planning files for archival under the law on archive after they are approved by competent authorities.

2. Water resource state management agencies at all levels shall archive river basin planning files according to the law on archive.

3. River planning file archive offices shall supply archived documents to competent individuals, organizations and state bodies according to law.