Chương I Nghị định 43/2015/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the establishment and management of water source protection corridors with regard to the water sources defined in Article 31 of Law No. 17/2012/QH13 on Water Resources.

Article 2. Subjects of application

This Decree applies to state agencies, organizations, individuals and households that are involved in the establishment and management of water source protection corridors and activities within these corridors in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

1. Water sources related to religious or belief activities means the water sources regarded by local communities as sacred or as places for organization of belief-related activities.

2. Water sources related to culture conservation activities means sections of rivers, streams, canals, ditches or lakes which are closely associated with scenic places or traditional historical- cultural relics of localities.

3. Water sources of high bio-diversity value means those closely associated with the regular or seasonal habitats of animal and plant species on the list of endangered and rare species prioritized for protection.

4. Rivers, streams, canals or ditches for which water source protection corridors shall be established defined at Point c. Clause 1, Article 31 of the Law on Water Resources, include:

a/ Sections of rivers, streams, canals and ditches which are sources of water supply for water plants supplying daily-life or production water for urban centers, concentrated residential quarters, industrial complexes and parks, or craft villages;

b/ Inter-district or inter-provincial rivers, streams, canals and ditches which serve as water drainage axes for urban centers, concentrated residential quarters, and industrial complexes and parks;

c/ Rivers, streams, canals and ditches which function to supply or drain water with a view to ensuring environmental sanitation, improving or recovering polluted, degraded or depleted water sources in urban centers or residential quarters;

d/ Rivers, streams, canals and ditches which are closely associated with the livelihood of riverside communities.

5. Bank edge of a river, streams, canal or ditch means the boundary between the natural talus of the river, stream, canal or ditch bank and the natural land surface in the horizontal direction. For an embanked river, stream, canal or ditch, the bank edge is the top of the embankment. The bank edges of natural or man-made lagoons, ponds or lakes other than hydroelectric or irrigation reservoirs will be determined by markers planted by agencies based on the highest water level; for coastal lagoons, their bank edges shall be determined based on the average highest tide in many years.

Article 4. Functions of water source protection corridors

1. A water source protection corridor shall be established to perform the following functions:

a/ To protect the bank stability and prevent and combat the encroachment upon land around water sources;

b/ To prevent and combat activities threatening to pollute and degrade water sources;

c/ To protect, conserve and develop the aquatic ecological system and natural animal and plant species adjacent to water sources;

d/ To create space for cultural, sports, entertainment and recreation activities, preserving and developing the historical, cultural, tourist and belief values related to water sources.

2. The water source protection corridor’s functions defined in Clause 1 of this Article shall be determined for the whole or each section of the corridor according to water source protection requirements.

3. The water source protection corridor’s functions shall be expressed in the list of water sources for which water source protection corridors shall be established and used as a basis for identification of the scope of water source protection corridors under this Decree.

Article 5. Principles of establishment and management of water source protection corridors

1. To satisfy the water source protection requirements and concurrently harmonize the lawful rights and interests of related organizations and individuals.

2. The boundaries of water source protection corridors shall be demonstrated on the maps of land use master plans and plans.

3. Land use master plans and plans and other specialized master plans must ensure the maintenance and development of the approved functions of water source protection corridors.

4. The establishment of water source protection corridors must ensure publicity and democracy.

Article 6. Prohibited acts within water source protection corridors

1. Acts that threaten to cause or cause the decrease of the function of water source protection corridors; cause river, stream, canal, ditch or reservoir bank slide, or seriously affect or threaten the stability and safety of rivers, streams, canals, ditches or reservoirs.

2. Encroaching upon, illegally using land within water source protection corridors; using land at variance with approved land use purposes.

3. Constructing or expanding contagious disease hospitals or clinics, cemeteries, waste dumping sites, toxic chemical factories, and production or processing facilities with hazardous wastewater.