Nghị định 48/2020/NĐ-CP sửa đổi Nghị định 38/2016/NĐ-CP hướng dẫn Luật Khí tượng thuỷ văn

DECREE

AMENDING A NUMBER OF ARTICLES OF GOVERNMENT'S DECREE NO. 38/2016/ND-CP DATED MAY 15, 2016 DETAILING A NUMBER OF ARTICLES OF LAW ON HYDROMETEOROLOGY

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Hydrometeorology dated November 23, 2015;

At the request of the Minister of Natural Resources and Environment;

The Government hereby promulgates a Decree amending a number of Articles of the Government's Decree No. 38/2016/ND-CP dated May 15, 2016 detailing a number of Articles of the Law on Hydrometeorology.

Article 1. Amendment to a number of Articles of the Government's Decree No. 38/2016/ND-CP dated May 15, 2016 detailing a number of Articles of the Law on Hydrometeorology

1. Article 3 is amended as follows:

“Article 3. Facilities requiring hydrometeorological observation

1. Facilities requiring hydrometeorological observation according to Clause 3 Article 13 of the Law on Hydrometeorology include:

a) Civil airports;

b) Reservoirs and dams of extreme importance or of large or medium size classified according to the Government’s regulations on dam and reservoir safety management and reservoirs regulated by operation procedures for river basin inter-reservoirs (hereinafter collectively referred to as "dams and reservoirs");

c) Class I and class II seaports classified according to list of Vietnam’s seaports and wharves thereof published by the Ministry of Transport.

In case a seaport has multiple wharves, the director of the maritime administration thereof shall take charge and gather opinions from the natural resources and environment authority and hydrometeorology authority of the locality where the seaport is located to designate one or more than one wharf representative of the hydrometeorological conditions of the seaport for hydrometeorological observation and provision of hydrometeorological information and data in accordance with regulations of this Decree. The remaining wharves may use and share information from such observation and shall contribute equally to such observation and information and data provision.

For wharves of military ports, hydrometeorological observation and provision of hydrometeorological information and data shall be carried out as prescribed by the Ministry of National Defense;

d) Bridges with a clearance of at least 500 meters;

dd) Radio/television towers open to visitors;

e) Tourist aerial tramways;

g) National parks;

h) Expressways running through areas frequently affected by extreme weather, which are identified based on the natural risk zones published by Vietnam Meteorological Hydrological Administration and updated every 3 years;

i) General inland ports of class I or higher;

k) Specialized facilities, including islands of the Spratlys, DK1 rigs and military airbases for national defense and security purpose.

2. Owners of dams and reservoirs, management bodies of national parks and national defense and security facilities, and investors or operators of airports, ports, bridges, radio/television towers, tourist aerial tramways, expressways and inland ports mentioned in Clause 1 Article 1 of this Decree (hereinafter collectively referred to as “facility owners”) shall ensure funding for hydrometeorological observation and provision of hydrometeorological information and data according to regulations of this Decree.

3. 03 years after the entry into force of this Decree, if necessary, the Ministry of Natural Resources and Environment shall review and propose amendment to the types of facilities requiring hydrometeorological observation and provision of hydrometeorological information and data performed according to regulations of this Decree to the Government for consideration.”.

2. Article 4 is amended as follows:

“Article 4. Hydrometeorological observation contents, regimes and locations

1. Facility owners shall decide hydrometeorological observation contents, regimes and technologies based on use of their respective facilities and in compliance with the following minimum requirements:

a) Hydrometeorological conditions at civil airports shall be observed according to regulations from the Ministry of Transport.

b) Dams and reservoirs

Hydrometeorological conditions at dams and reservoirs shall be observed as prescribed by the Government’s regulations on dam and reservoir safety management.

Hydrometeorological conditions at dams and reservoirs regulated by operation procedures for river basin inter-reservoirs shall be observed in compliance with regulations of such procedures;

c) For wharves, wind direction and speed, sea level and wave height of the area of water in front of wharves and visibility measurements shall be observed 4 times/day at 1 AM, 7 AM, 1 PM and 7 PM Hanoi time;

d) Wind direction and speed in the middle or at one end of a bridge shall be observed 4 times/day at 1 AM, 7 AM, 1 PM and 7 PM Hanoi time;

dd) Wind direction and speed at 2/3 of the height of a radio/television tower open to visitors measured up from ground level shall be observed 3 times/day at 7 AM, 1 PM and 7 PM Hanoi time;

e) Wind direction and speed at the highest point of a tourist aerial tramway shall be observed hourly throughout up-time;

g) Rainfall, temperature, humidity and wind direction and speed in national parks shall be observed 4 times/day at 1 AM, 7 AM, 1 PM and 7 PM Hanoi time; each observation station in a national park shall cover a 15-km radius;

h) Hydrometeorological conditions on expressways shall be observed in compliance with national technical standards for traffic management systems for expressways and information and data on such conditions shall be provided according to regulations of this Decree.

In case an expressway has been equipped with a weather information system in compliance with national technical standards for traffic management systems for expressways, its investor or operator may use such weather information system to observe hydrometeorological conditions and provide hydrometeorological information and data according to regulations of this Decree.

i) Visibility measurements, water level and wind direction and speed at inland ports shall be observed 4 times/day at 1 AM, 7 AM, 1 PM and 7 PM Hanoi time;

k) Hydrometeorological conditions at specialized facilities, including islands of the Spratlys, DK1 rigs and military airbases for national defense and security purpose, shall be observed according to regulations of the Ministry of National Defense.

2. Facility owners shall locate hydrometeorological facilities or hydrometeorological measuring equipment based on the characteristics of the facilities that they own, technical requirements for hydrometeorological observation and use of information and data.

3. The Ministry of Natural Resources and Environment shall elaborate techniques for selection of areas representative of natural geographical features and contents, methods and frequency for specialized hydrometeorological observation in Vietnam’s seaports and the facilities mentioned in Points b, c, d, dd, e, g and i Clause 1 Article 1 of this Decree.”

3. Article 5 is amended as follows:

“Article 5. Provision of hydrometeorological information and data

Regulations on provision of hydrometeorological information and data prescribed in Clause 5, Article 13 of the Law on Hydrometeorology:

1. Vietnam Meteorological Hydrological Administration shall organize provision of hydrometeorological information and data by stations affiliated to the national hydrometeorological station network concerning the national hydrometeorological forecasting and warning system and national hydrometeorological database.

2. Regulations on provision of hydrometeorological information and data by facility owners:

a) Hydrometeorological information and data concerning wind direction and speed, including gales, visibility, weather phenomena, cloud, temperature, dewpoint temperature and air pressure, and additional observation data shall be provided every 30 minutes (if any) for 24 hours for airports open 24/24 and from 5 AM to 6 PM of the next day Hanoi time for airports not open 24/24;

b) Dams and reservoirs:

Hydrometeorological information and data shall be sent to Vietnam Meteorological Hydrological Administration and the natural resources and environment authority/authorities of the province(s) where the dam, reservoir and downstream area are located within 30 minutes after observation is completed.

Hydrometeorological information and data from dams and reservoirs regulated by operation procedures for river basin inter-reservoirs shall be provided in compliance with regulations of such procedures;

c) Hydrometeorological information and data at specialized facilities, including islands of the Spratlys, DK1 rigs and military airbases for national defense and security purpose, shall be provided according to regulations of the Ministry of National Defense;

d) Hydrometeorological information and data from other facilities shall be sent to Vietnam Meteorological Hydrological Administration and the natural resources and environment authority of the province where each facility is located within 30 minutes after observation is completed.

3. Owners of specialized hydrometeorological stations not regulated by Clause 1 of this Article shall send all observation information and data of the previous year to Vietnam Meteorological Hydrological Administration and the natural resources and environment authority of the province where each station is located before March 31 of every year.

4. Hydrometeorological information and data shall be provided according to regulations on data standards from the Ministry of Natural Resources and Environment and via one or more than one of the following methods:

a) Documents, information carriers;

b) Specialized information equipment;

c) The internet;

d) Public information networks;

dd) Direct information provision via phones;

e) Other methods agreed upon by the information/data provider and receiver.

5. Facility owners and owners of other specialized hydrometeorological stations shall cooperate and finalize arrangements with Vietnam Meteorological Hydrological Administration and the natural resources and environment authority of the province where each facility is located to provide hydrometeorological information and data promptly and continuously.

6. Vietnam Meteorological Hydrological Administration and provincial natural resources and environment authorities shall provide and publish their addresses, contacting methods, frequencies, web portals or other means of contact on their websites to receive information and data from facility owners and owners of other specialized hydrometeorological stations.”

4. Clause 5 Article 7 is amended as follows:

“5. Regulatory bodies, organizations and individuals have the power to decide technical corridors of specialized hydrometeorological facilities under their management based on their own needs, objectives and capacity.”

5. Clause 1 Article 8 is amended as follows:

“1. Protection of technical corridors of hydrometeorological facilities affiliated to the national hydrometeorological station network

a) Formulation and approval of plans for placement and announcement of boundary markers of technical corridors of hydrometeorological facilities

Plans for placement and announcement of boundary markers of technical corridors of hydrometeorological facilities shall be formulated and approved according to regulations in Article 56 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing a number of Articles of the Land Law.

Funding for formulation, approval and implementation of a plan for placement and announcement of boundary markers of the technical corridor of a hydrometeorological facility shall be estimated by the facility’s supervisory body and allocated from state budget as per regulations of law;

b) The actions listed in Clause 3 Article 15 of the Law on Hydrometeorology are prohibited inside technical corridors of hydrometeorological facilities, excluding surface hydrometeorological observation gardens and weather radar towers, which is stipulated as follows:

Trees or other facilities may be situated 50-100 meters away from the fence of a surface hydrometeorological observation garden in a manner that ensures the highest point of the tree or facility, the point at the foot of the fence that is closest to the tree or facility and the ground do not form an angle larger than 10 degrees.

Trees or facilities shorter than a weather radar tower may be situated within the technical corridor of such tower."

6. Clause 2 and Clause 3 Article 9 are amended as follows:

“2. Possess basic facilities for hydrometeorological forecasting and warning, namely equipment for calculation, receipt and processing of hydrometeorological information and data; information and data of service to forecasting and warning activities; forecasting and warning procedures to ensure production of trustworthy forecasts; and procedures for forecast and warning management and evaluation.

3. Employ at least 01 person holding a bachelor’s degree or higher in hydrometeorology and having at least 03 years of experience in hydrometeorological forecasting and warning.”

7. Article 13 is amended as follows:

“Article 13. Contents of licenses for hydrometeorological forecasting and warning

Licenses for hydrometeorological forecasting and warning shall be made using Form No. 05 of the Appendix enclosed therewith.”

8. Point d Clause 1 and Point c Clause 2 Article 15 are amended as follows:

“1. Applications for licenses for hydrometeorological forecasting and warning for organizations:

d) A declaration of technical facilities; information and data used for forecasts and warnings; technical procedures for hydrometeorological forecasting and warning; and procedures for management and assessment of forecast/warning quality made using Form 06 of the Appendix enclosed therewith.

2. Applications for licenses for hydrometeorological forecasting and warning for individuals:

c) A declaration of technical facilities; information and data used for forecasts and warnings; technical procedures for hydrometeorological forecasting and warning; and procedures for management and assessment of forecast/warning quality made using Form No. 06 of the Appendix enclosed therewith.”

9. Article 24 is amended as follows:

“Article 24. Competence in provision and verification of hydrometeorological information and data

Regulatory bodies, organizations and individuals with competence in provision and verification of hydrometeorological information and data include:

1. Hydrometeorological database management bodies.

2. Public hydrometeorological service providers affiliated to the Ministry of Natural Resources and Environment.

3. Regulatory bodies, organizations and individuals managing specialized hydrometeorological stations.

4. Other regulatory bodies, organizations and individuals owning hydrometeorological information and data that have been inspected and evaluated by competent authorities according to regulations of laws.”

10. Point b Clause 2 Article 30 is amended as follows:

 “b) Within 01 working day, the national hydrometeorological database management body shall receive and inspect the request sheet or document and notify the requester of the fee and time of provision of information/data for cases charged with fees.

If the request is rejected, a written explanation must be provided.”

11. Article 34 is amended as follows:

“Article 34. Procedures and reporting regime for exchange of hydrometeorological or climate change monitoring information and data for international organizations and foreign organizations and individuals

1. Any regulatory body, organization or individual that wishes to exchange hydrometeorological or climate change monitoring information/data with an international organization or a foreign organization or individual must submit an application with the following contents to the Ministry of Natural Resources and Environment directly or by post:

a)  Name and address of the applicant and certified true copies or copies enclosed with their authentic copies of proof of legal status (for regulatory bodies and organizations) or proof of identity (for individuals) according to regulations of civil laws;

b) Purpose of information/data exchange with the international organization or foreign organization or individual;

c) Type and quantity of information/data exchanged with the international organization or foreign organization or individual;

d) Name and address of the international organization or foreign organization or individual with which information/data is exchanged;

dd) Time of information/data exchange;

e) Method for information/data exchange;

g) Time limit for information/data exchange.

2. Within 15 working days, the Ministry of Natural Resources and Environment shall process the application and give the final decision using Form No. 07 of the Appendix enclosed therewith.

The Ministry of Natural Resources and Environment shall provide a written explanation if it rejects the application.

3. Within 10 days from the date the information/data exchange with the international organization or foreign organization or individual is completed, the regulatory body, organization or individual shall submit a report on the exchange to the Ministry of Natural Resources and Environment; if the exchange lasts for more than 01 year, before January 15 of every year, a report on the previous year’s exchange must be submitted.

The reports shall be prepared using Form No. 08 of the Appendix enclosed with this Decree.

4. Hydrometeorological information and data considered state secrets shall be exchanged in accordance with regulations of laws on state secret protection.”

Article 2. Transitional clauses

1. The phrase “Cục Khí tượng Thủy văn và Biến đổi khí hậu” (“Department of Climate Change”) in the Government’s Decree No. 38/2016/ND-CP dated May 15, 2016 detailing a number of Articles of the Law on Hydrometeorology is replaced with “Tổng cục Khí tượng Thủy văn thuộc Bộ Tài nguyên và Môi trường” (“Vietnam Meteorological Hydrological Administration, Ministry of Natural Resources and Environment”).

2. Regulations on time limit for hydrometeorological observation and provision of hydrometeorological information and data by owners of the facilities mentioned in Clause 1 Article 1 of this Decree that are in operation and have not had their hydrometeorological elements observed:

a) No later than 01 year for medium-sized dams and reservoirs with flood control valves and no later than 02 years for medium-sized dams and reservoirs with uncontrolled spillway after the entry into force of this Decree;

b) No later than 02 years after the entry into force of this Decree for wharves; bridges with a clearance of at least 500 meters that do not cross estuaries, straits, bays or inland islands; expressways; general inland ports of class I or higher; and specialized facilities, including islands of the Spratlys, DK1 rigs and military airbases for national defense and security purpose.

3. Within 06 months from the entry into force of this Decree, ministries, ministerial-level agencies and provincial People’s Committees shall review and compile lists of facilities under their management that are required to conduct hydrometeorological observation according to regulations in Clause 1 Article 1 of this Decree and owners thereof; regularly expedite and inspect such observation and submit updated lists to the Ministry of Natural Resources and Environment before December 15 of every year.

4. This Decree comes into force from June 01, 2020.

Article 3. Implementation clauses

1. The Minister of Natural Resources and Environment shall organize implementation of this Decree.

2. Ministers, heads of Ministerial-level agencies, heads of Governmental agencies and Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree./.

Bài viết liên quan