Chapter 5
MANAGEMENT AND SUPERVISION OF EXPLOITATION OF WATER RESOURCES, PREVENTION AND MITIGATION OF NEGATIVE EFFECTS OF WATER ON RIVER BASINS
SECTION 1. ACTIVITIES WHICH REQUIRE MANAGEMENT AND SUPERVISION
Article 42. Activities in river basins which require management and supervision
1. The activities prescribed in Points a, b, c, and d Clause 1 Article 72 of the Law on Water Resources.
2. Other activities in river basins prescribed in Point dd Clause 1 Article 72 of the Law on Water Resources, including:
a) Improvement and restoration of rivers, including:
- Restoration and preservation of the ecosystems, improvement of water quality;
- Development of wetlands and riverside ecological belts, removal of obstacles on river currents;
- Restoration of exhausted water sources, construction and improvement of wastewater infrastructure;
- Reduction of pollution sources from urban and rural areas; prevention and treatment of water pollution;
- Construction of water preservation infrastructure, reinforcement of riversides, clean of river beds.
b) Landscape improvement and development of riverside & lakeside lands, including:
- Development of riverside entertainment, festival and sporting areas;
- Restoration and improvement of historical, cultural and tourism values.
Article 43. Contents of and requirements for management and supervision
1. The management is directing the coordination among the Ministries, sectors, localities and the relevant entities in implementing the regulations prescribed in Article 42 of this Decree.
2. The supervision is monitoring, inspecting the exploitation of water, the wastewater discharge and the protection of water resources, the prevention and treatment of negative effects of water on river basins.
3. Requirements for the management include:
a) Ensuring the efficiency and economization of the water exploitation of people and socio-economic development activities; protecting water resources, preventing and treating negative effects of water;
b) Ensuring the concurrent cooperation among the agencies in managing activities of river basins; using resources properly and efficiently and avoiding overlap and wastefulness;
c) Complying with the planning of each river basin;
d) Determining the agency in charge, cooperative agencies and their specific tasks.
4. Requirements for the supervision include:
a) Detecting abnormal phenomena of flow rate, level and quality of water sources; making forecasts and giving warnings of pollution, degradation and exhaustion of water sources in river basins;
b) Detecting violations against the Law on Water Resources in operating one or many reservoirs and discharging wastewater into water sources in river basins;
c) Providing information and figures which facilitate the management of the exploitation and protection of water resources, the prevention and mitigation of negative effects of water according to Article 42 of this Decree on river basins;
d) Fulfilling other requirements of the management, protection, exploitation of water and the prevention and treatment of negative effects of water on river basins.
SECTION 2. RESPONSIBILITY FOR DISTRIBUTION AND SUPERVISION IN RIVER BASINS
Article 44. Responsibilities of the Ministry of Natural Resources and Environment
1. Take charge and cooperate with the relevant Ministries, ministerial-level agencies, Governmental agencies and the People’s Committees of central-affiliated cities and provinces in developing plans, programs, schemes for the management and supervision of the activities according to Article 42 of this Decree in the inter-provincial river basins and then sending them to the Prime Minister.
2. Take charge for the cooperation in dealing with the pollution of international and inter-provincial water sources.
3. Assess and announce the minimum flow of a river or a part of the river which is a inter-provincial water source, decide the minimum flow at the downstream from a reservoir within the area of competence.
4. Develop and maintain the supervision system of exploration, exploitation of water and discharge of wastewater in the inter-provincial river basins.
5. Settle the cases within the area of competence or request the Prime Minister to settle the issues arising in the cooperation of the agencies who participate in the management and supervision in the inter-provincial river basins.
Article 45. Responsibilities of provincial People’s Committees
1. Develop, approve and carry out plans for distributing the water resource; programs and plans for improving rivers, restoring the polluted or exhausted water sources in the intra-provincial river basins.
2. Direct the actions against the pollution of local water sources and cooperate with the authorities of the provinces sharing the water sources in dealing with the issue.
3. Assess and announce the minimum flow of a river or a part of the river which is a intra-provincial water source, decide the minimum flow at the downstream from a reservoir within the area of competence.
4. Develop and maintain the supervision system of exploration, exploitation of water and discharge of wastewater in the intra-provincial river basins.
5. Settle the issues arising in the cooperation of the agencies who participate in the management and supervision in the intra-provincial river basins.
6. Cooperate with the Ministry of Natural Resources and Environment in implementing the regulations prescribed in Article 44 this Decree.
Article 46. Responsibilities of the Ministries, ministerial-level agencies
1. Cooperate with the Ministry of Natural Resources and Environment, provincial People’s Committees in the management and supervision of the exploitation, use and protection of water resources, the prevention and treatment of the negative effect of water on river basins.
2. Inform the Ministry of Natural Resources and Environment and the relevant provincial People’s Committees of their expected demand for water exploited from each water source of river basins.
3. Direct the development of plans, programs and specialized project related to the exploitation, use and protection of water resources, the prevention and treatment of the negative effect of water which are suitable for the plan for distributing the water resource, programs and plans for improving rivers, restoring the polluted or exhausted water sources in the intra-provincial river basins and ensuring announced minimum flow.
4. Direct the development and implement the plans for adjusting water in reservoirs, exploiting and using water of works on rivers according to operation procedures of one or many reservoirs which are approved by competent agency and the plans for distributing water resources of river basins.
5. Work with each other to solve the issues arising during the management and supervision in river basins.
Tìm kiếm
Nghị định 201/2013/NĐ-CP (Bản Word)
Nghị định 201/2013/NĐ-CP (Bản Pdf)