Chapter 1.
GENERAL PROVISIONS
Article 1. Scope
This Decree provides for the collection of opinions of local community representatives when exploiting water resources and discharging wastewater into water sources; baseline study on water resources; granting water permits; Fee for granting water exploitation right and transferring such right; river basin organizations; managing and supervising the exploitation, use, protection of water resources, the prevention and mitigation of negative effects of water on the river basins.
Article 2. Collection of opinions of local community representatives and relevant entities when exploiting water resources and discharging wastewater into water sources
The collection of opinions of local community representatives and relevant entities when exploiting water resources and discharging wastewater into water sources which is prescribed in Article 6 of the Law on Water Resources shall be carried out as follows:
1. The projects which have water exploitation works and wastewater discharge works opinions about which are compulsory include:
a) Lakes, dams having the capacity of 500 millions m3 and above; works serving the exploitation of surface water with the flow rate of 10 m3/sec and above;
b) Works which are used for carrying water between sources;
c) Lakes and dams that interrupt the natural flow of rivers or streams for a part of one (01) km and above;
d) Works which are used for discharging wastewater with the flow rate of 10,000 m3 per day and above;
dd) Works which are used for exploiting underground water with the flow rate of 12,000 m3 per day and above;
e) If a project which is prescribed in this Clause involves state secrets, the collection of opinions shall not be required.
2. Opinions shall be collected during:
a) The process of project planning with regard to the cases which are prescribed in Points a, b, c and d Clause 1 this Article;
b) The exploration for underground water of the projects prescribed in Point dd Clause 1 this Article.
3. The information which is provided in order to collect opinions includes:
a) An explanation and fundamental design of the project (feasibility study report) enclosed with the request which is sent to a competent agency for assessing the project;
b) The construction plan of the project;
c) The construction schedule;
d) The measures for protecting water resources and ensuring sufficient water supply at the upstream and downstream compared with the project during the construction, the operation and the suspension of the work;
dd) The information prescribed in Clause 1 Article 3 of this Decree;
e) Other figures and documents related to the exploitation of water resources and the discharge of wastewater.
4. Surveying authorities:
a) The People’s Committee of the district through which an intra-provincial water source run shall collect opinions on projects to exploit the water source or discharge wastewater into it which are prescribed in Points a, c and d Clause 1 this Article;
a) The People’s Committee of the province through which an inter-provincial water source run shall collect opinions on the projects to exploit the water source or discharge wastewater into it which are prescribed in Points a, c and d Clause 1 this Article;
c) The People’s Committee of the district from which the water from intra-provincial water source is carried shall collect opinions on the projects to carry the water;
d) The People’s Committee of the province through which the carried water from an inter-provincial water source run shall collect opinions on the projects to carry the water;
dd) The People’s Committee of the district in which projects of underground water exploitation are expected to be located shall collect opinions on the projects which are prescribed in Point dd Clause 1 this Article.
5. Procedures for collecting opinions:
a) A project owner shall send a dossier of documents prescribed in Clause 3 this Article to the People’s Committee and the Office of Natural Resources and Environment of the district, if the authority collecting opinions is the People’s Committee of the District. The dossier shall be sent to the provincial People’s Committees and the Service of Natural Resources and Environment, if the authority collecting opinions is the provincial People’s Committee;
b) If the authority collecting opinions is the People’s Committee of the District, the Office of Natural Resources and Environment shall assist the People’s Committee of the district in holding meetings with the relevant agencies, organizations, and individuals in order to ask for their opinions on the project or discussion with the project owner within thirty (30) working days from the receipt of the dossier. The Office shall then process their opinions to submit them to the People’s Committee of the district for sending them to the project owner;
c) If the authority collecting opinions is the provincial People’s Committee, the Service of Natural Resources and Environment shall assist the provincial People’s Committee of the district in holding meetings or discussions with the relevant agencies, organizations, and individuals in order to ask for their opinions on the project within forty (40) working days from the receipt of the dossier. The Service shall then process their opinions to submit them to the provincial People’s Committee for sending them to the project owner;
d) Apart from the information prescribed in Clause 3 this Article, the project owner is responsible for providing figures of, reports and other information on the project for the agencies prescribed in Clause 4 this Article upon their requests and directly make the presentation in the meetings which serves the collection of opinions in order to classify issues related to the project.
6. The project owner is responsible for receiving and processing opinions and giving explanations. The opinions and explanations provided in writing are among the project documents which are submitted to competent authorities and required to be enclosed with the application for a water permit.
7. The collection of opinions or notifications before planning for projects prescribed in Clauses 2, 3 Article 6 of the Law on Water Resources:
a) With regard to a project to carry water from an intra-provincial water source:
- The project owner shall send an opinion request, the project plans (scale, methods) and the relevant information and figures to the Service of Natural Resources and Environment and the People’s Committees of the district and commune in which the intra-provincial water source is carried.
- Within forty (40) working days from the receipt of such documents of the project owner, the Service of Natural Resources and Environment is responsible for assisting the People’s Committees of the district and the commune in holding meetings in order to give advice on the proposed scale and methods or talk directly with the project owner; processing opinions and sending them to the project owner.
b) With regard to a project to carry water from an inter-provincial water source or construct a reservoir or dam in the inter-provincial river basin:
- The project owner shall send requests for opinions, the project plans (scale, methods) and the relevant information and figures to the People’s Committees of the provinces through which the water from interprovincial water is carried or the main stream of interprovincial water source run, the river basin organization and the relevant Services of Natural Resources and Environment;
- Within seven (07) working days from the receipt of such documents of the project owner, the Service of Natural Resources and Environment is responsible for sending the documents to the relevant services and agencies of the province;
- Within sixty (60) working days from the receipt of the project owner’s documents:
+ The river basin organization must send a written reply to the project owner;
+ The Service of Natural Resources and Environment is responsible for holding meetings with the relevant services, agencies of the province and entities in order to ask for opinions on the planned work or talk directly with the project owner, processing and sending opinions to the People’s Committee in order for the People’s Committee to send them to the project owner.
c) With regard to a project to construct a reservoir or dam on a tributary of an inter-provincial river basin:
Before planning for the investment project, the project owner must report the scale and construction methods of the work to the river basin organization and the People’s Committees of the provinces in the river basin.
d) Based on the given opinions, the project owner shall make the complete construction methods and request licensing agencies for approving the scale and construction methods before planning for the investment project.
8. The project owner shall bear the expenditure of the collection of opinions.
Article 3. Publishing information
The publication of information related to the exploitation of water resources or discharge of wastewater into water sources which is prescribed in Point b Clause 1 Article 6 of the Law on Water Resources shall be carried out as follows:
1. Every project owner prescribed in Points a, b, c, d and dd Clause 1 Article 2 of this Decree must publish the following information:
a) With regard to the works prescribed in points a, b and c Clause 1 Article 2 of this Decree:
- The purposes of the exploitation of water;
- The water source exploited;
- The location of water exploitation site;
- The methods of the exploitation of water;
- The amount of exploited water;
- The duration of the exploitation of water;
- The basic characteristics of the lake or dam (if the project is construction of a lake or a dam).
b) With regard to the works prescribed in points d Clause 1 Article 2 of this Decree:
- The type of wastewater;
- The receiving waters;
- The location of wastewater discharge;
- The flow rate and methods of the wastewater discharge;
- The limits on and concentration of pollutants in wastewater.
c) With regard to the works prescribed in point dd Clause 1 Article 2 of this Decree:
- The purposes of the exploitation of water;
- The location of water exploitation site;
- The stratum in which the water source locates, the dept of the exploitation;
- The total number of water wells;
- The total amount of exploited water;
- The policy on the water exploitation
- The duration of the exploitation of water;
2. The publication of information shall be carried out as follows:
a) It shall be published through mass media of the People’s Committees of the districts and the websites of the provincial People’s Committees prescribed in Clause 3 Article 2 of this Decree;
b) During thirty (30) working days before and during the construction, the project owner must publish the information prescribed in Clause 1 this Article at the People’s Committees of the district and the commune in which the construction site locates.
Article 4. National council on water resources
1. The National council on water resources is established for the purpose of assisting the Government and the Prime Minister in the important decisions on water resources within the competence of the Government and the Prime Minister.
2. The chairman of the National council on water resources is a Deputy Prime Minister; its vice chairman is the Minister of Natural Resources and Environment; the councilors are the Heads of the relevant Ministries and agencies which are approved by the chairman. The Ministry of Natural Resources and Environment is the standing authority of the Council
3. The National council of water resources shall establish the Office of the National council on water resources (hereinafter referred to as Water resource office) in the Ministry of Natural Resources and Environment. The organization and operation of the water resource office are decided by the chairman of the National council on water resources.
4. The Prime Minister shall decide the entitlements and tasks of the National council on water resources.
Article 5. River basin organizations
1. The organization and operation of a river basin organization shall be decided by an interdisciplinary organization.
The river basin organization is responsible for submitting proposals on conditioning and distributing water resources, supervising the exploitation and protection of water resources, the prevention and mitigation of negative effects of water on the river basin or some of inter-provincial river basins to competent authorities.
2. The Prime Minister shall decide the establishment of the river basin organizations of the Red River – Thai Binh River, Mekong River basins at the requests of the Minister of Natural Resources and Environment.
3. The Minister of Natural Resources and Environment shall establish river basin organizations of other inter-provincial river basins other than those prescribed in Clause 2 this Article at the requests of the Heads of State management agencies specialized in water resources.
Tìm kiếm
Nghị định 201/2013/NĐ-CP (Bản Word)
Nghị định 201/2013/NĐ-CP (Bản Pdf)