Chương 8 Nghị định 120/2008/NĐ-CP: Trách nhiệm quản lý lưu vực sông

Chapter 8

RIVER BASIN MANAGEMENT RESPONSIBILITIES

Article 33. The Ministry of Natural Resources and Environment

Being a government agency performing the function of state management of river basins nationwide, the Ministry of Natural Resources and Environment has the responsibilities:

1. To submit to the Prime Minister

a/ For promulgation, a list of inter-provincial river basins;

b/ The establishment of the River Basin Committees for river basins on the list of big river basins;

c/ For approval, river basin planning tasks and drafts; plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins; plans for regulation and distribution of water resources in river basins on the list of big river basins;

d/ For settlement disputes over water resources among ministries, branches, localities, disputes among organizations and individuals engaged in river basin-related activities in river basins on the list of big river basins.

2. To promulgate norms, standards, techno-economic targets and unit prices for the formulation of river basin planning tasks and drafts; model working regulations of the River Basin Committees.

3. To promulgate a list of intra-provincial river basins, to set up the River Basin Committees for river basins on the list of inter-provincial river basins.

4. To approve river basin planning tasks and drafts for, river basins on the list of inter-provincial river basins.

5. To formulate river basin planning tasks and drafts and organize the implementation thereof after they are approved, for river basins on the list of big river basins or the list of inter-provincial river basins.

6. To formulate and direct the implementation of plans after they are approved, for river basins on the list of big river basins or the list of inter-provincial river basins, including;

a/ Plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins;

b/ Plans for water resource regulation and allocation.

7. To announce minimum flows to be maintained in rivers, for river basins on the list of big river basins or the list of inter-provincial river basins.

8. To appraise plans of ministries, branches, government-attached agencies and provincial-level People’s Committees on exploitation and use of water resources in river basins on the list of big river basins or the list of inter-provincial river basins.

9. To materialize international cooperation and treaties as provided for in Chapter VI of this Decree; to settle disputes over water resources between ministries, branches, localities, disputes between organizations or individuals engaged in activities related to river basins on the list of inter-provincial river basins.

Article 34. Ministries and ministerial-level agencies

Within the ambit of their functions, tasks and powers prescribed by law, the ministries or ministerial-level agencies managing water resource-exploiting or -using sectors have the responsibilities:

1. To coordinate with the Ministry of Natural Resources and Environment and the River Basin Committees in formulating river basin plannings.

2. To formulate, amend or supplement their respective specialized plannings and plans for water resource protection and exploitation to be in line with the river basin plannings, plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins and plans for water resource regulation and allocation, which have been approved by competent state agencies.

3. To appoint competent representatives to participate in the River Basin Committees under the provisions of this Decree.

4. To propose agencies with river basin planning-approving competence to examine, revise or adjust river basin plannings, when necessary.

Article 35. The Ministry of Planning and Investment and the Ministry of Finance

1. To propose the assurance of investment capital for the formulation and implementation of river basin plannings.

2. To study, formulate mechanisms and policies to encourage and mobilize investment capital sources at home and abroad for the realization of river basin plannings.

3. To mobilize official development assistance (ODA) for the protection and sustainable development of river basins.

Article 36. Provincial-level People’s Committees

1. To formulate and approve river basin planning tasks and drafts and organize the implementation thereof after they are approved, for river basins on the list of intra-provincial river basins.

2. To formulate and direct the implementation of various plans after they are approved, for river basins on the list of intra-provincial river basins, including:

a/ Plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins;

b/ Plans for water resource regulation and distribution.

3. To publicize to-be-maintained minimum river flows, for river basins on the list of intra-provincial river basins.

4. To appraise water resource exploitation or use plannings of ministries, branches, government-attached agencies in intra-provincial river basins.

5. To settle disputes over water resources between ministries, branches and/or localities and disputes between organizations and/or individuals engaged in activities related to intra-provincial river basins.

6. To notify plans for management protection, exploitation, use and development of water resources; for water harm prevention, combat and consequence address in the provinces to:

a/ The corresponding River Basin Sub-Committees if the provinces have land areas lying in big river basins;

b/ The corresponding inter-provincial River Basin Committees if the provinces have land areas lying in inter-provincial river basins.

7. To periodically report to the Ministry of Natural Resources and Environment on the management of intra-provincial river basins.

Article 37. The National Water Resources Council

1. To give its comments on river basin plannings and plans for water resource regulation and distribution, with regard to river basins on the list of big river basins, before they are approved by the Prime Minister.

2. To propose the Prime Minister to settle disputes over water resource exploitation and use between branches, provinces and/or centrally run cities.

3. To propose policies and mechanisms for river basin management.

Article 38. The River Basin Committees

1. To appraise river basin planning tasks and drafts and plannings on sub-basins in river basins; plans for water pollution prevention and combat and rehabilitation of polluted water sources in river basins; plans for water resource regulation and allocation; to-be-maintained minimum flows in rivers; projects on water transfer among regions or sub-basins in river basins, projects on water transfer to, or water receipt from, other river basins.

2. To regulate and coordinate activities of ministries, branches, localities, corporations, state-run economic groups, organizations and individuals in the implementation of plannings. plans, projects on water resources in river basins.

3. To propose royalty rates for water resources, charge and fee rates and contributions by people in river basins according to law for the protection of the water environment, water resource exploitation and use, water-caused harm prevention and combat and water consequence address in river basins.

4. To supervise the implementation of river basin plannings; to propose to provincial-level People’s Committees in the basin areas and the Ministry of Natural Resources and Environment measures for water resource management, protection and use, water-caused harm consequence prevention, combat and address, redress of environmental incidents in river basins, and revision and adjustment of river basin plannings, when necessary.

5. To establish databases and data directories on river basin environment and water resources.

6. To implement international cooperation on water environment protection, water resource exploitation, use and development; water-caused harm consequence prevention, combat and address and sustainable development of river basins.

7. To propose options to settle disputes over water resources in river basins to agencies competent to settle such disputes according to law.

8. To periodically report to the Ministry of Natural Resources and Environment on the implementation of river basin plannings and plans defined in this Decree.