Chapter 5
REGULATION AND ALLOCATION OF WATER RESOURCES AND TRANSFER OF RIVER BASIN WATER
Article 25. Maintenance of minimum flow in river basins
1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, providing for the determination of minimum flows to be maintained in river basins.
2. Maintenance of minimum flows in rivers:
a/ The Ministry of Natural Resources and Environment shall investigate, survey and determine minimum flows in rivers or river sections for each water source in river basins on the list of big river basins or the list of inter-provincial river basins;
b/ For international river basins, the Ministry of Natural Resources and Environment shall, on behalf of the Government, negotiate and reach agreement with countries sharing the international water sources on the to-be-maintained level of minimum flows on the principal currents of river basins;
c/ Provincial-level People’s Committees shall investigate, survey and determine minimum flows in rivers or river sections for each water sources in river basins on the list of intra-provincial river basins;
d/ Minimum flows in rivers or river sections must be publicized and commented by economic organizations involved in water resource exploitation or use and representatives of population communities in river basin areas.
3. Competence to publicize the to-be-maintained minimum flows in rivers:
a/ The Ministry of Natural Resources and Environment shall publicize the minimum flows in rivers or river sections in basins on the list of big river basins or the list of inter-provincial river basins;
b/ Provincial-level People’s Committees shall publicize the minimum flows in rivers or river sections in basins lying within their respective localities and being on the list of intra-provincial river basins.
4. Ministries, ministerial-level agencies, government-attached agencies, concerned corporations and state-run economic groups shall direct the adjustment of their respective programs, plans, projects and regulations on water resource exploitation and use, maintaining the publicized minimum flows in rivers or river section.
Article 26. Regulation and allocation of water resources in river basins
1. Formulation of plans for water resource regulation and allocation:
a/ A plan for water resources regulation and allocation will be formulated once for every five (5) years;
b/ Ministries, branches, localities and economic organizations, that are engaged in water resource exploitation or use, shall notify the River Basin Committee and the Ministry of Natural Resources and Environment of their annual plans on water demands within every five (5)-year period for each water source in river basins.
c/ For river basins on the list of big river basins or the list of inter-provincial river basins, the Ministry of Natural Resources and Environment shall formulate plans on water resource regulation and allocation for different use purposes on the basis of approved river basin plannings. the practical capacities of water sources, the requirements of maintaining minimum flows in rivers and meteorological and hydrological offices’ forecasts about changes of flows in subsequent years in river basins and water needs of ministries, branches, localities and economic organizations;
d/ For river basins lying within their respective localities and being on the list of intra-provincial river basins, provincial-level People’s Committees shall formulate plans for water resource regulation and allocation for different use purposes on the basis of approved river basin plannings, the practical capacities of water sources, the minimum flows in rivers, the meteorological and hydrological offices’ forecasts about changes of flows in subsequent years in the basins and the water needs of ministries, branches, localities and economic organizations;
dd/ Plans for water resource regulation and allocation must be publicized and commented by concerned ministries, branches, localities and economic organizations involved m water resource exploitation and use and representatives of population communities in river basin areas.
2. Notification of plans on water resource regulation and allocation:
a/ The Ministry of Natural Resources and Environment shall notify ministries, branches and provincial-level People’s Committees of localities having land areas in river basins of the plans on regulation and allocation of water resources in river basins on the list of big river basin or the list of inter-provincial river basins;
b/ Provincial-level People’s Committees shall notify departments and branches under their management and agencies and units involved in the exploitation or use of water resources in river basins of the plans on water resource regulation and allocation in river basins lying within their localities and being on the list of intra-provincial river basins;
c/ To-be-notified contents and forms of notifying plans on river basin water resource regulation and allocation will be decided by agencies with notifying competence.
3. Implementation of plans on water resource regulation and allocation:
a/Ministries, branches, corporations and state-run economic groups involved in water resource exploitation, use and protection and People’s Committees at all levels shall direct the examination and adjustment of their respective programs, plans, projects and regimes on water resource exploitation and use to be in line with the plans on regulation and allocation of river basin water resources and the practical capacity of water sources, which are notified by competent state agencies.
b/ In case of droughts, water shortage or serious pollution of water sources, the River Basin Committees shall immediately petition the Ministry of Natural Resources and Environment or provincial-level People’s Committees to adjust the plans on water resource regulation and allocation in the approved priority order in the river basin water resource allocation planning defined in Clause 3, Article 14 of this Decree and promptly notify the adjustment of plans on water resource regulation and allocation, the effective duration of the adjustment to concerned state agencies and organizations in river basins;
c/ If concerned agencies or organizations and localities in river basin areas disagree with adjustments to the plans on water resource regulation and allocation, they may propose the notifying agencies to consider and decide;
d/ In case of emergency, water resource regulation and allocation must be conducted in accordance with the law on the state of emergency.
Article 27. Transfer of river basin water
1. Grounds for the formulation of projects on water transfer among river basins:
a/ The national strategy on water resources and the strategy on environmental protection;
b/ The river basin planning, maintenance of minimum flows, and plans on regulation and distribution of water resources in river basins;
c/ Socio-economic development plans of localities in relevant river basins;
d/ Water sources’ capacity, water needs and environmental impacts;
dd/ International commitments or treaties to which Vietnam is a contracting party, in case of projects on water transfer among international river basins.
2. Consultation on and appraisal of projects on water transfer among river basins:
a/ A water transfer project related to any river basin must be commented by the Committee for that river basin in the course of formulating and approving the project;
b/ Projects on water transfer between river basins on the list of big river basins or the list of inter-provincial river basins of ministries, branches, provincial-level People’s Committees, corporations or state-run economic groups, organizations or individuals shall be sent to the Ministry of Natural Resources and Environment for appraisal before they are submitted to the Prime Minister for consideration and decision on investment policies or decisions according to decentralization of work construction investment management;
c/ Projects on water transfer between river basins lying within localities and being on the list of intra-provincial river basins of ministries, branches, provincial-level People’s Committees, corporations, state-run economic groups, organizations or individuals shall be sent to provincial-level People’s Committees for appraisal before asking for investment policies or investment decisions according to decentralization of work construction investment management.
Tìm kiếm
Nghị định 120/2008/NĐ-CP (Bản Word)