Chương V: An toàn công trình thủy điện

GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness ----------------
No. 62/2025/ND-CP	Hanoi, March 4, 2025

 

DECREE

ELABORATION ON THE LAW ON ELECTRICITY REGARDING PROTECTION OF ELECTRICITY WORKS AND SAFETY IN ELECTRICITY FIELD

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Electricity dated November 30, 2024;

Pursuant to the Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on Amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;

At the request of the Minister of Industry and Trade of Vietnam;

The Government of Vietnam hereby promulgates the Decree on elaboration on the Law on Electricity regarding the protection of electricity works and safety in the electricity field.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. This Decree elaborates on several articles of the Law on Electricity regarding the protection of electricity works and safety in the electricity field, including Clause 5 Article 67; Clause 10 Article 68; Clause 9 Article 69; Clause 2 Article 72; Article 74; Clause 7 Article 75; Clause 6 Article 76; Clause 5 Article 77; Clause 8 Article 78.

2. This Decree shall apply to competent state management authorities; agencies, organizations, and individuals engaging in electricity operations, electricity use, or other operations concerning electricity in Vietnam.

Article 2. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. “Owners of hydropower works” refer to organizations and individuals investing in the construction or receiving ownership of hydropower works.

2. “Electrical grids” refer to the combination of equipment, machinery, devices, and construction structures directly serving electricity transmission, electricity distribution, and the work protection system.

3. “Power source works” refer to the combination of equipment, machinery, devices, and construction structures directly serving

4. “Hydropower works” refer to works for electricity generation, including dams, hydropower reservoirs, waterways, hydropower plants, and other works for hydropower management and utilization.

5. “Insulated lines” refer to transmission lines coated in an insulation layer whose minimal insulation level equals the phase voltage of such lines.

6. “High voltage” refers to the nominal voltage of more than 1 kV.

7. “Units managing and operating hydropower works” refer to organizations and individuals assigned by the owners of hydropower works to manage, operate, and utilize hydropower works.

8. “Operational supervision system” refers to a system that includes devices for connecting specialized data on hydrometeorological monitoring and flood situations downstream of dams, cameras for supervising the operation of works, and software for supporting the operation of dams and reservoirs according to practical developments.

9. “Hydropower reservoirs” refer to reservoirs used for electricity generation and other objectives according to the functions and tasks of works.

10. “Safety distance of electrical discharge by voltage level” refers to the minimum distance from charge carriers to the nearest point of the device, tool, equipment, work, tree, or flying object.

11. “Flood discharge capacity” refers to the capacity of discharging works permitting flood discharge corresponding to the designed flood frequencies or the inspected flood frequencies while ensuring work safety.

12. “Safety inspection of hydropower dams and reservoirs” refers to the inspection and assessment of the quality or reasons for damage, assessment of the safety of hydropower dams, reservoirs, and works relevant to hydropower reservoirs through measurement, monitoring, and experiments combined with calculation and analysis.

13. “Electrical failures severe to the catastrophic level” refer to major fluctuations due to widespread electrical failures, threatening or causing severe damage to people, property, environment, national defense and security, or social security and safety exceeding the responding and remedying capacity of electricity authorities and local authorities.

14. “Electrical substations” refer to transformer substations, switching stations, compensation substations, and rectification substations.

15. “State of maximum deflection of transmission lines” refers to the calculation state of the transmission lines while being impacted by the most severe effects of influencing factors, such as the electrical current through the transmission lines, ambient temperature, and wind load.

16. “Waterway” refers to a combination of items from the water intake gate on a hydropower reservoir through the turbine inlet valve to the end of the canal leading water out of the hydropower plants.

17. “Downstream areas of hydropower dams” refer to areas suffering from flood when hydropower reservoirs carry out water discharge according to the flood discharge process in case of emergencies or dam failures.

Chapter II

PROTECTION OF ELECTRICITY WORK SAFETY

Article 3. General regulations on electricity work protection

1. Agencies, organizations, and individuals shall promptly issue notices to state management authorities and electricity units when detecting acts of stealing or removing anchor wires, ground wires, or equipment of grids, climbing on utility poles, or entering electrical substations or areas for protection of electricity work safety without being authorized.

2. Electricity works shall not be used for other purposes without the agreement of the electricity work management units.

3. Antennas, clotheslines, scaffolding, greenhouses, net houses, advertisement signs or light boxes, and other items shall not be installed at positions where they can cause damage or failures to electricity works if they are spilled, dropped, splashed, or shaken.

4. Organizations and individuals shall not engage in digging, loading, or operations that cause subsidence or risks of landslides or subsidence of electrical grids or electrical substations; burn fields, waste, or materials; use construction equipment that causes a stir or may cause damage or failures to electricity works; shoot, cast, or throw any object to the transmission lines, electrical substations, and other electricity works.

5. The following acts shall be forbidden: detonating mines or opening mines; arranging or containing explosive and flammable substances or corrosive or flammable chemicals that cause damage to parts of electricity works.

6. Licensed aerial vehicles shall ensure a safe distance from electricity works, refrain from flying within 500 m from the outer edge of high-voltage or ultra-high-voltage overhead electrical grids or 100 m from the outer edge of medium-voltage overhead electrical grids to the surrounding areas, excluding cases where aerial vehicles carry out tasks of managing, maintaining, or repairing transmission lines as permitted under regulations.

Article 4. Protection of safety of high-voltage overhead transmission lines

1. Investors and units managing electrical grids shall adopt measures to protect the safety of electrical grids under their management, including areas subject to the safety corridors of electrical grids.

2. Investors or users of houses and works permitted to exist in the safety corridors of overhead transmission lines shall adopt measures to anchor and reinforce the roofs of houses and works to prevent risks of flying into overhead transmission lines; comply with regulations on the protection of the safety of overhead transmission lines when repairing or renovating houses and works; refrain from using the roofs of any part of houses or works to purposes that may violate the safety distance of electrical discharge by voltage level prescribed in the following table:

3. Before constructing, repairing, or renovating houses and works in the safety corridors of overhead transmission lines, organizations and individuals shall adopt measures to ensure the safety of overhead transmission lines following the technical requirements prescribed in Clause 3 Article 8 of this Decree. Authorities issuing construction permits shall collect feedback from units managing electrical grids before issuing permits for the construction of houses and works in the safety corridors.

4. Trees inside and outside of the safety corridors of overhead transmission lines shall comply with Article 15 of this Decree.

5. Owners of ponds and lakes where high-voltage overhead transmission lines pass through shall cooperate with operation management units in putting up warning signs and refrain from engaging in fishing activities within the safety corridors of overhead transmission lines and areas with risks of violating the safety distance of electrical discharge by voltage level.

6. Within 1.000 m from the outer edge of high-voltage or ultra-high-voltage overhead electrical grids or 500 m from the outer edge of medium-voltage electrical grids to the surrounding areas, organizations and individuals shall not fly kites or flying objects, excluding devices for national defense and security and devices of units managing and operating electricity works implementing tasks of inspecting, operating, and maintaining works.

7. Organizations and individuals shall not pile up the soil, stack materials or devices, or dump waste in the safety corridors of overhead transmission lines, which can lead to changes to the distances from the overhead transmission lines to the natural ground or violations against regulations on safety distances concerning electricity.

8. When implementing work near or inside the safety corridors of overhead transmission lines, organizations and individuals shall adopt measures to prevent devices, tools, and equipment from violating the safety distances of electrical discharge by voltage level prescribed in the following table, excluding cases where organizations and individuals applying appropriate technologies or upon urgent requirements of national defense and security work, which require written agreements with electricity units regarding necessary measures to ensure safety:

Article 5. Protection of safety of subsurface power cables

1. Investors and units managing and operating underground/submarine power cables shall comply with the construction laws and respective technical regulations and standards and install warning signs at the positions of subsurface power cables. Warning signs shall have conformable sizes and information and be placed at appropriate positions for organizations’ and individuals’ acknowledgment and compliance with the law on road traffic and inland waterways or management of ports and navigational channels.

2. Within the safety corridors of submarine power cables in inland waters, acts of anchoring vessels, fishing, and other activities that may mechanically affect submarine power cables are not permitted.

3. When constructing works above or under the ground or dredging rivers, lakes, and sea waters within the safety corridors of subsurface power cables, the constructing party shall issue notices to the unit managing and operating subsurface power cables 5 days in advance and make agreements with the unit managing and operating electrical grids on measures to ensure the safety of subsurface power cables and construction safety.

4. Organizations and individuals using land legally within the safety corridors of underground power cables shall adopt measures to prevent acts of using land to impact underground power cables and acts of discharging wastewater and other corrosive substances to areas of the safety corridors of underground power cables.

5. The protection of the safety of offshore submarine power cables shall comply with Clause 1 of this Article and the following regulations:

a) Investors of offshore submarine power cables shall establish warning signals, adopt protective measures, and issue maritime notices according to maritime laws;

b) Within the safety corridors of offshore submarine power cables, organizations and individuals shall not engage in fishing and other activities that may affect the seabed sediments. Within 2 sea miles from the outer edge to the 2 sides of the submarine power cables, unauthorized vessels shall not be allowed to anchor to protect the safety of the submarine power cables.

Article 6. Protection of safety of electrical substations

1. Investors and units managing and operating electrical substations shall adopt measures to protect the safety of electrical substations under their management.

2. Land users and tree owners shall prevent the houses, works, and trees on their land from being in violation of the safety corridors of electrical substations.

3. Within the safety corridors of electrical substations, it is not permitted to gather in crowds, set up tents or stalls, engage in sales, park vehicles, and tether animals, excluding cases of inspecting, maintaining, and repairing electrical substations.

4. It is mandatory to ensure that the houses and construction works near the safety corridors of electrical substations do not cause damage to any part of electrical substations; infringe on the pathways for access to the electrical substations, the water supply lines of the electrical substations, and the safety corridors of the underground power cables and the overhead transmission lines of the electrical substations; obstruct the ventilation system of the electrical substations; let wastewater access and damage the electricity works.

5. It is mandatory to ensure that the pathways for access to electrical substations with a voltage of 110 kV or more permit the access of on-duty rescue and firefighting vehicles.

Article 7. Protection of safety of power plants and other electricity works

1. General requirements for the protection of the safety of power plants and other electricity works

a) It is mandatory to ensure strict protection, fences in surrounding areas, and protective measures to prevent unauthorized persons from entering power plants and other electricity works; install electrical safety signs as per the law;

b) The rooms where electrical equipment is placed shall have signs of dangerous areas, exits, adequate lighting systems, ventilation systems for cooling devices, and ventilation doors with protective nets to prevent animals’ entry;

c) Based on the technical characteristics and protection requirements of each type of electrical equipment, it is mandatory to install protective nets and partitions and hang electrical safety signs; ensure the safety distance from the protective nets or partitions to the electrical carriers of equipment and adopt measures to minimize negative impacts of the environment on the operations of electrical equipment;

d) The cable systems in power plants and other electricity works shall be arranged orderly according to types, technical features, and voltage levels and placed on racks. Power cables crossing through areas affected by high temperatures shall be insulated and placed in protective tubes;

dd) Cable tunnels and trenches shall have tight covers, good water drainage, and be kept clean and dry. It is mandatory to prevent water, oils, chemicals, and impurities from accumulating in cable tunnels and trenches. Lighting systems shall use a safe voltage level, conformable with technical regulations on electricity and electrical safety;

e) Equipment and systems for lightning protection and grounding in power plants and other electricity works shall be installed as designed and tested and periodically inspected according to technical regulations on electrical engineering and safety.

2. Wind power works shall comply with Clause 1 of this Article and the following safety regulations:

a) Investors of wind power works shall announce the boundaries of the safety corridors of wind power works;

b) Wind turbine towers and wind turbines shall have aviation warning signals according to aviation laws. Wind blades shall have appropriate recognition signs;

c) Regarding offshore wind power works, investors shall establish and maintain safety management systems to ensure the control of risks during all operations of the offshore wind power works and implement maritime navigation aid according to Vietnam’s maritime laws. Within 2 sea miles from the outer edge of offshore wind turbine towers, electrical substations, electrical cable bridges, and auxiliary items of wind power works, unauthorized vessels shall not be allowed to anchor to ensure the safety of offshore wind turbine towers;

d) When implementing operations above or under the ground or on or under water surfaces within the safety corridors of power source works, organizations and individuals using land and water surfaces legally within such safety corridors shall ensure technical safety for power source works and make agreements with owners of power source works regarding measures to ensure technical safety for works as per regulation.

Article 8. Responsibility for cooperation in constructing, renovating, repairing, or expanding electricity works and other works

1. When constructing, renovating, repairing, or expanding construction works that may affect electricity works, investors of construction works shall cooperate with electricity units in implementing the following contents:

a) Implementation of measures to protect the safety of people and construction works;

b) Implementation of measures to prevent risks of violating the safety distance of electrical discharge by voltage levels or risks of damaging electricity works under the guidelines of electricity units;

c) Investors and construction units shall compensate according to civil laws if the construction, renovation, repair, or expansion of works leads to failures, accidents, or damage to electricity works;

d) Where investors constructing, renovating, repairing, or expanding construction works refuse to cooperate with electricity units in implementing Point b of this Clause, electricity units shall submit reports to commune-level People’s Committees or construction licensing authorities for handling as per the law.

2. When constructing, renovating, repairing, or expanding electrical substations (excluding charging stations/devices installed in works or work items in service of work utilities for use by traffic vehicles and other equipment and devices or personal use):

a) Investors constructing charging stations shall design, construct, renovate, and expand charging stations in conformity with technical regulations on electrical engineering and safety and relevant technical regulations and standards; ensure that devices using electricity in the charging stations operate safely; prevent incidents and impacts on the quality of the voltage level and frequency of electrical grids; prevent impacts on surrounding houses and works; comply with general regulations on electrical safety prescribed in Article 17 of this Decree;

b) Units managing and operating electrical grids shall cooperate with investors in the provision of technical infrastructures of electrical safety for charging stations.

3. When constructing, renovating, repairing, or expanding electricity works that may affect other houses and works, investors of electricity works shall ensure the safety of people and other houses and works in the surrounding areas and compensate for any damage to land users upon damage to the surrounding houses and works according to civil laws.

4. When electricity units remedy incidents or renovate, repair, or maintain electricity works in land areas under the use rights of other organizations and individuals, persons with land use rights shall create favorable conditions for electricity units to access electricity works for inspection, repair, maintenance, and remedy. Electricity units shall:

a) Notify land users of the plans for periodic repair or maintenance before implementation at least 5 days in advance;

b) In case of inspecting or remedying any incident of electricity works, immediately access the site for remedy while notifying land users. In case of failure to notify land users, notify the nearest local authorities for cooperation in handling;

c) During the inspection, repair, maintenance, and remedy prescribed in this Clause, protect the safety of the property of land users. Upon damage to land users, compensate according to civil laws.

5. When constructing, renovating, or upgrading high-voltage overhead transmission lines crossing over houses or works where people live or work; markets, squares, hospitals, schools, places where fairs or exhibitions are held, shopping centers, amusement parks, docks, stations, or terminals; important works concerning national security; cultural-historical sites or scenic spots ranked by the state, investors and electricity units shall intensify comprehensive safety measures for such lines according to the following regulations:

a) Poles must be steel or reinforced concrete; safety coefficients of poles, beams, and pole foundations must not be lower than 1,2;

b) Within a part of a pole, the transmission line and the earth wire shall not be connected, except for a transmission line with a cross-section of at least 240 mm², which may be connected to the earth wire at one point. The safety coefficient of the transmission line and the wire must be higher than 2,5;

c) Double insulators of the same type and technical characteristics shall be arranged. If transmission lines and earth wires are hung on suspension insulators, they shall be used with fixed suspension clamps. The safety coefficients of insulators and accessories shall meet specific standards under current regulations;

d) The distance from the lowest point of transmission lines in the state of maximum deflection to the ground shall ensure the safety distances in the following table, excluding cases of renovating transmission lines without construction components.

6. Organizations and individuals shall promptly issue notices to electricity units or competent state authorities upon the detection of phenomena concerning loss of electrical safety and violations against regulations on the protection of electricity works and electrical safety.

7. Transmission lines shall be installed in general technical infrastructure works according to the law on the management and general use of technical infrastructure works. Investors constructing and renovating transmission lines shall cooperate with investors/units managing and using general technical infrastructure works in making agreements and adopting measures to ensure the safety of transmission lines, general technical infrastructure works, and communities according to current laws, standards, and regulations concerning electrical safety and safety of technical infrastructure works.

8. Local People’s Committees at all levels shall direct, settle, and handle violations against regulations on the protection of electricity works and violations of the safety corridors of electricity works according to the law.

Article 9. Safety corridors of high-voltage overhead transmission lines

1. The safety corridor of an overhead transmission line refers to the area surrounding the overhead transmission line, limited by length, width, and height as follows:

a) The length of the safety corridor starts from the position where the line exits the protection boundary of this substation to where the line enters the protection boundary of the following substation;

b) The width of the corridor is limited by two vertical plans to two sides of the line, parallel with the line with a distance from the outmost line to each side when the line is in the static state specified in the following table:

c) The height of the corridor starts from the bottom of the pole foundation to the highest point of the work, plus the vertical safety distance specified in the following table:

2. The safety corridor of above-ground or overhead power cables with a voltage of more than 1kV shall be limited in all directions by 0,5 m from the outer side of the outmost cable outwards.

Article 10. Safety corridors of subsurface power cables

1. The length of the corridor starts from the position where the cables exit the protection scope of this substation to where the cables enter the protection scope of the following substation;

2. The width of the corridor is limited by:

a) The outer side of the cable trench regarding cables placed in cable trenches;

b) Two vertical planes away from the outmost cable jacket or cable to two sides of the subsurface power cables regarding cables placed directly under the ground or water specified in the following table:

3. The height starts from the ground or water surface to:

a) The outer side of the bottom of the trench foundation regarding cables placed in cable trenches;

b) The depth deeper than the lowest point of the cable jacket by 1,5 m regarding cables placed directly under the ground or water.

Article 11. Safety corridors of electrical substations

1. Regarding an electrical substation without walls or fences, the safety corridor shall be in the shape of a cube. The height starts from the highest point of the work plus the safety distance by voltage levels, and the width is limited by the space surrounding the substation with a distance to the nearest electrical carriers of the substation specified in the following table:

2. Regarding an electrical substation with walls and fences, the safety corridor shall be limited to the outmost point of the foundation or embankments for protection of the walls or fences; the height of the corridor starts from the deepest bottom of the foundation of the electrical substation to the highest point of the electrical substation plus the safety distance of electrical discharge by voltage levels as follows:

3. Regarding electrical substations, integrated power distribution stations, gas insulated substations, and sealed substations with metal casing, safety corridors shall be limited to the outer side of the metal casing.

Article 12. Safety corridors of wind power works and other power source works

1. Safety corridors of wind power works

a) Determined safety corridors of onshore and offshore wind power works include safety corridors of wind turbine towers; safety corridors of subsurface or overhead power cables from wind turbine towers to electrical substations; safety corridors of electrical substations and safety corridors of transmission lines and distribution lines of wind power works to the connection point and safety corridors of other auxiliary items of wind power works;

b) Safety corridors of a wind turbine tower and the area surrounding the wind turbine tower shall be limited by half a semi-sphere with the center at the base of the wind turbine tower and its radius equal to the maximum distance from the center of the wind turbine tower base to the outmost edge of the wind turbine blade.

2. The Ministry of Industry and Trade of Vietnam shall, based on the development of power source projects in each period, take charge and cooperate with ministries, central authorities, and provincial People’s Committees in developing and requesting the Government of Vietnam to promulgate regulations on safety corridors for other power source works.

Article 13. Safety distances of intersections of overhead transmission lines with traffic roads

1. At intersections of overhead transmission lines with railways, the mandatory height of transmission lines at the lowest point of the lines in the state of maximum deflection shall be 4,5 m plus the safety distance of electrical discharge by voltage levels according to Clause 5 of this Article.

Where the highest point on a transport vehicle is higher than 4,5 m, the owner shall contact the unit managing high-voltage electrical grids to adopt necessary safety measures.

2. At intersections of overhead transmission lines with tramways, the mandatory height of transmission lines at the lowest point of the lines in the state of maximum deflection shall be 7,5 m plus the safety distance of electrical discharge by voltage levels according to Clause 5 of this Article.

3. At intersections of overhead transmission lines with roads, the vertical distance from the highest point of roads to the lowest point of transmission lines above the roads shall not be lower than the clearance height of the roads according to road laws plus the safety distance of electrical discharge by voltage levels according to Clause 5 of this Article.

Where the highest point on a transport vehicle is higher than the distance prescribed in this Clause, the owner shall contact the unit managing high-voltage electrical grids to adopt necessary safety measures.

4. At intersections of overhead transmission lines with inland waterways, the mandatory height of transmission lines at the lowest point of the lines in the state of maximum deflection shall be equal to the clearance height by technical levels of the inland waterways according to inland waterway laws plus the safety distance of electrical discharge by voltage levels according to Clause 5 of this Article. Vessels crossing the intersections of overhead transmission lines with inland waterways shall ensure that their height does not exceed the clearance height by the technical levels of such inland waterways.

The safety distance of overhead transmission lines intersecting with marine traffic routes shall be stipulated by each specific case.

5. Safety distances of electrical discharge by voltage levels at intersections with traffic roads:

Article 14. Use of land in safety corridors of electricity works

1. Users of land in the safety corridors of electricity works shall comply with Clauses 3, 5, 6, 7, and 8 Article 68 of the Law on Electricity.

2. Where the use of land in the safety corridors of electricity works affects the safety of electricity works, land users shall cooperate with electricity units in:

a) Implementing remedial measures to ensure that houses and works meet the requirements prescribed in Article 16 of this Decree;

b) Ensuring that remedial measures are implemented immediately after the issuance of notices of electricity units. The costs of implementing the remedial measures prescribed in Point a of this Clause shall be paid by investors of works established later in the chronological order;

c) Ensuring that the construction and renovation of houses and works in the safety corridors of electricity works comply with Clause 4 Article 8 of this Decree. The costs of renovating electricity works shall be paid by investors constructing or renovating houses or works.

3. Where the safety corridors of electricity works overlap the safety corridors of other works, the demarcation of management boundaries shall comply with the following principles:

a) In case of overlapping with the safety corridors of railways, the demarcation of management boundaries shall comply with the principles of prioritized arrangement of safety corridors for railways. The management and use of safety corridors of railways shall not affect the operational safety of electricity works;

b) In case of overlapping with the safety corridors of inland waterways, the management and use of the safety corridors of inland waterways shall not affect the operational safety of electricity works;

c) Regarding electricity works within the dyke protection scope according to the Law on Dykes or electricity works with safety corridors overlapping the safety corridors of dykes, the demarcation of management boundaries and land use shall comply with the principles of prioritized arrangement, carried out under dyke laws;

d) Where electricity works are in conjunction with roads or have safety corridors overlap with the safety corridors of roads, measures to ensure the safety of preceding works shall be applied to the construction of the following works. The management and use of safety corridors of roads shall not affect the operational safety of electricity works;

dd) At positions where electricity works overlap or intersect each other, the safety corridors of electricity works shall be determined by works with higher technical levels; adjacent works shall have their safety corridors determined by works with higher voltage levels.

4. People’s Committees at all levels shall, within their tasks and entitlements, take charge and cooperate with investors of electricity works in formulating and implementing plans for site clearance, migration, resettlement, and compensation for damage to land or property according to land laws; manage and protect land areas for projects and safety corridors of electricity works.

Article 15. Trees inside and outside of safety corridors of high-voltage overhead transmission lines

1. Trees inside the safety corridors of high-voltage overhead transmission lines

a) Regarding transmission lines with a voltage of up to 35 kV in cities, district-level towns, or commune-level towns, the distance from any point of a tree to the transmission line in the state of maximum deflection shall not be less than the distances specified in the following table:

b) Regarding transmission lines with a voltage of 110 kV to 500 kV in cities, district-level towns, or commune-level towns, the distance from any point of a tree to the lowest transmission line in the state of maximum deflection shall not be less than the distances specified in the following table, excluding special cases requiring technical measures to ensure safety and cases permitted by the provincial People’s Committees.

c) Regarding transmission lines outside of cities, district-level towns, or commune-level towns, the distance from the highest point of a tree vertically to the lowest transmission line in the state of maximum deflection shall not be less than the distances specified in the following table:

d) Regarding overhead transmission lines crossing over reserve forests, protection forests, or production forests originating from natural forests subject to investment projects on electricity work construction, ensure the vertical distance from the average height of trees grown to their full potential to the lowest transmission line in the state of maximum deflection shall not be less than the distance prescribed in Point c of this Clause; regarding trees exceeding the average height of trees grown to their full potential, it is permitted to prune tree branches or lower tree height to ensure the safety distance of electrical discharge. Acts of pruning tree branches or lowering tree height shall comply with forestry laws.

dd) Regarding trees in the corridors existing before the issuance of notices of land expropriation for electrical grid construction that have the potential to be in violation of the safety distance of electrical discharge prescribed in Points a, b, and c of this Clause, investors of electrical grids shall inspect, cut, and prune such trees and compensate as per the law.

2. Trees outside the safety corridors of high-voltage overhead transmission lines

a) The distance from any part of a tree when it falls to any part of the transmission line shall not be less than the safety distance of electrical discharge by voltage levels specified in the following table:

b) Regarding trees in cities, district-level towns, or commune-level towns that fail to meet the distance prescribed in Point a of this Clause, adopt technical safety assurance measures that are approved by provincial People’s Committees;

c) Regarding trees existing before the issuance of notices of land expropriation for electrical grid construction that have the potential to be in violation of the safety distance of electrical discharge prescribed in Point a of this Clause, investors of electrical grids shall inspect, cut, and prune such trees and compensate as per the law.

3. Rice and crops may only be planted 0,5 m away from the utility pole foundations or anchors.

4. Land users and tree owners shall regularly inspect and promptly prune tree parts that may be in violation of the safety distance of electrical discharge by voltage levels of overhead transmission lines.

5. Electricity units shall regularly inspect the safety corridors of overhead transmission lines under their management; upon detection of risks of trees in violation of the safety distance of electrical discharge by voltage levels of overhead transmission lines, promptly notify, instruct, and cooperate with land users or land owners in pruning tree parts that may be in violation to ensure the safety for people, devices, and electricity works. Where land users or tree owners fail to prune the violating tree parts according to Clause 4 of this Article, electricity units shall submit reports to the local People’s Committees at all levels to implement pruning for safety assurance.

Article 16. Conditions for existence of houses and construction works inside and near safety corridors of overhead transmission lines

1. Houses and construction works existing in the safety corridors of overhead transmission lines with a voltage of up to 220 kV shall meet the following conditions:

a) Roofs and walls are made from non-flammable materials, ensuring the structure of construction safety;

b) There is no obstruction of access pathways for inspections, maintenance, repair, and replacement of parts of electrical grids;

c) The distance from any part of houses or works to the nearest transmission line in the state of maximum deflection is no less than the safety distances specified in the following table:

d) Aside from meeting the conditions prescribed in Points a, b, and c of this Clause, overhead transmission lines with a voltage of 220 kV shall meet the following requirements: the electric field intensity is less than 5 kV/m at any point outside of houses, 1 m away from the ground or equal to 1 kV/m at any point inside houses, 1 m away from the ground; metal structures of works shall be earthed in conformity with the respective technical regulations and standards.

2. Regarding houses and works where people live or work near the safety corridors of overhead transmission lines with a voltage level of 500 kV or higher, ensure that the electric field intensity is less than 5 kV/m and the metal structures of works are grounded in conformity with the respective technical standards and regulations.

3. Regarding houses and works serving the living activities of households and individuals that do not have to be relocated out of the safety corridors of high-voltage overhead transmission lines with a voltage of up to 220k kV according to Clause 1 of this Article, organizations and individuals owning such houses and works may receive compensation and support due to the restriction of use capacity and impacts on living activities. The compensation and support shall be implemented once as follows:

a) Regarding houses and works serving living activities that are partially or wholly within the safety corridors of overhead high-voltage transmission lines, constructed on land eligible for compensation concerning land according to land laws before the date of issuance of land expropriation notices of competent authorities, owners of such houses and works shall receive compensation and support for the area in the safety corridors of high-voltage overhead transmission lines. The specific compensation and support rates shall be stipulated by provincial People’s Committees based on the local situations;

b) Where houses and works serving living activities are constructed on land ineligible for compensation concerning land according to land laws, provincial People’s Committees shall consider providing support based on the local situations;

c) Regarding houses and works existing in the safety corridors that fail to meet the conditions prescribed in Point a Clause 1 of this Article, provincial People’s Committees shall direct competent agencies to consider supporting or renovating such houses and works for the satisfaction of the mentioned conditions;

a) Regarding houses and works that cannot be renovated to meet the conditions prescribed in Clause 1 of this Article and require to be demolished or relocated, owners of the mentioned houses and works shall receive compensation and support according to land laws.

4. Regarding houses and works serving the living activities of households and individuals located near the safety corridors and between two overhead transmission lines with a voltage of 500 kV with a horizontal distance between the two outmost phase conductors of the two transmission lines is less than or equal to 60 m, owners of the mentioned houses and works shall select one of the following handling forms:

a) Receipt of compensation or support for relocation of houses and works in the safety corridors that require clearance according to the law on compensation, support, and resettlement upon land expropriation by the state;

b) If owners do not wish to relocate, they shall submit a written request to remain at the current position to the People’s Committees at all levels where their houses or works are located within 15 days from the date of the issuance of the land expropriation notices of competent authorities to have the 500 kV transmission lines built later and receive compensation or support due to the reduction of land use capacity similar to land in the safety corridors of works according to land laws.

Chapter III

ELECTRICAL SAFETY

Article 17. General regulations on electrical safety

1. Investors of electricity works and manage units engaging in the operation, construction, repair, and renovation of electricity works and electricity use for production, aside from complying with Article 69 of the Law on Electricity, shall:

a) Have adequate internal regulations, processes, operational logs, and management records concerning electrical safety based on national technical regulations on electrical safety;

b) Have adequate electrical grid diagrams, tools, personal protective equipment, prohibition signs, and electrical safety signs as per regulation;

c) Ensure that employees arranged to engage in the construction, repair, renovation, management, and operation of power systems and electricity systems; inspection of electrical equipment and tools; tests, experiments, installation, maintenance, and repair of transmission lines or electrical devices are trained in professional specialties conformable with professional requirements and trained and issued with electrical safety cards according to the law;

d) Use transmission lines and electrical devices that ensure the quality of products and goods as per regulation and conform with technical regulations and standards and relevant laws;

dd) Organize or participate in the dissemination and universalization of laws, knowledge, and skills concerning electrical safety;

e) Prepare statistics and reports on electrical incidents and accidents according to Article 20 of this Decree.

2. Investors or units managing and operating electrical substations shall measure and draw maps of electric field intensity according to the technical regulations on electrical safety. Regarding areas with an electric field intensity of 5 kV/m or more, the regulations on the permissible working hours per working day shall prevail.

Article 18. Prohibition signs, signs, and warning signals concerning electrical safety

1. Investors and units managing and operating electricity works shall place prohibition signs and electrical safety signs at electrical substations, utility poles, and intersections of overhead transmission lines and subsurface power cables with railways, roads, and inland waterways in conformity with the technical regulations on electrical safety and road, railway, and inland waterway laws.

2. Utility poles shall be painted white and red from a height of 50 m or above and have signal lights on their peak in the following cases:

a) Utility poles are 80 m or more in height;

b) Utility poles are from 50 m to below 80 m in height but at positions with special requirements.

3. At the lowest point of intersections between overhead transmission lines with a voltage of 220 kV or more with inland waterways, there must be appropriate signs for vessels to recognize at night.

4. Where overhead transmission lines are within the adjacent airspace of airports, paint the poles and place signal lights in compliance with the law on aviation obstacle height management.

5. Along underground power cables, owners of works shall setup landmarks or signs to recognize the cables.

6. Regarding submarine power cables, there must be signs indicating the cable positions according to the law on inland waterway traffic or management of ports and navigational channels.

7. Forms and specifications of electrical safety signs and positions for hanging and installing electrical safety signs shall conform with the technical regulations on electrical safety.

Article 19. Remedy for electrical incidents and accidents

1. In case of electrical incidents or accidents, units managing and operating electricity works shall, within their tasks and entitlements, handle and remedy electrical system incidents according to the law, provide emergency services, and evacuate people from dangerous areas.

2. In case of severe electrical incidents or accidents to the catastrophic level, declare a state of emergency and apply response measures in compliance with the law on emergency states.

Article 20. Reports on electrical safety and violations of safety corridors of electricity works

1. Aside from making statements on accidents according to occupational safety and hygiene laws, units managing and operating electricity works shall submit reports to their superior governing bodies (if any) and local Departments of Industry and Trade as follows:

a) Brief reports on fatal electrical accidents within 24 hours after their occurrence;

b) Annual reports on electrical safety and violations of the safety corridors of electricity works. The time for finalizing data for reports is from January 1 to December 31 every year. Reports shall be submitted before January 10 of the following year.

2. Departments of Industry and Trade shall submit reports to provincial People’s Committees and the Ministry of Industry and Trade of Vietnam on electrical safety and violations of the safety corridors of electricity works in their areas annually before January 30 of the following year.

3. Reports prescribed in Clauses 1 and 2 of this Article shall be made following the form in Appendix I enclosed with this Decree.

Article 21. Responsibilities of organizations and individuals using electricity regarding safety assurance during electricity use for living or service purposes

1. The construction and installation of power supply systems in houses and works shall meet the technical standards on power systems in houses and works according to construction laws and technical regulations on electrical engineering under electricity laws.

2. When concluding power purchase agreements for living or service purposes, organizations and individuals using electricity (hereinafter referred to as “electricity users”) shall adequately register the information on the power systems to the electricity sellers as follows:

a) Total demands for the practical electricity use capacity of houses and works;

b) Table of devices and electricity use capacity in houses and works;

c) Overcurrent protection devices for power systems in houses and works.

3. The installation and use of electrical devices and tools shall ensure the quality of products and goods and comply with guidelines on the preservation and maintenance of manufacturers. While using electricity, electricity users shall regularly inspect the safety of the power supply systems from behind the power purchase meters to all their transmission lines and electrical devices; repair and replace transmission lines and electrical devices that do not meet prescribed standards and quality. When the demand for use capacity is higher than the registered one, electricity users shall issue notices to power-selling parties for appropriate power supply schemes.

4. Upon a short circuit or fire concerning power supply systems in houses and works, electricity users shall:

a) Cut the power and adopt measures to prevent the risk of fire spreading to other objects and equipment in houses and works; carry out rescue operations;

b) Inspect the cause and remedy the power supply system incidents;

c) Where incidents exceed their handling capacity, promptly issue notices to local competent agencies, electricity sellers, and surrounding organizations and individuals for cooperation in handling.

Article 22. Responsibilities of electricity sellers in ensuring safety during electricity use for living and service purposes

1. When concluding power purchase agreements and power supply agreements with electricity users for living or service purposes, request such users to provide information on power systems in houses and works and demands for electricity use according to Clause 2 Article 21 of this Decree; provide electricity users with information on risks of safety loss during electricity use and measures to ensure electrical safety as follows:

a) Disseminate and universalize laws concerning the responsibility for safety assurance of electricity users according to the Law on Electricity and Article 21 of this Decree;

b) The exchange of information with electricity users shall be prescribed in power purchase agreements, not limited to forms such as written documents, online applications, and other means of communication.

2. Apply digital technologies to the provision of information on risks of electrical safety loss during electricity use for electricity users:

a) Implement and provide digital technology applications to promptly send information to electricity users upon incidents on electrical grids managed by electricity units or risks of incidents due to storms;

b) Apply digital technologies to the development of documents on guidelines, dissemination, and universalization of knowledge and skills in safe electricity use for electricity users.

3. Annually take charge or cooperate with electricity authorities at various levels, district-level People’s Committees, and media units in organizing activities of disseminating, universalizing, instructing, and improving awareness of safe electricity use for electricity users.

4. Upon requests from competent authorities, cooperate in inspecting the safety of power systems of safe electricity users; in case of detecting risks of safety loss, promptly adopt preventive measures or suspend the power supply as per regulation.

Chapter IV

TRAINING, EXAMS, GRADING, AND ISSUANCE OF ELECTRICAL SAFETY CARDS

Article 23. Responsibilities for training, examining, and issuing electrical safety cards

1. Persons engaging in the construction, repair, renovation, management, and operation of power systems and electricity works and inspection, experiment, installation, and repair of transmission lines or electrical devices shall be trained, examined, and issued with electrical safety cards.

2. Employers shall organize or hire units capable of organizing training, exams, and issuance of electrical safety cards to employees prescribed in Clause 1 of this Article.

3. Electrical safety training shall be organized separately or in combination with other safety training activities as prescribed by the law.

Article 24. Theoretical training

Theoretical training shall be developed by each specific work, corresponding to electrical safety grades prescribed in Article 27 of this Decree, including:

1. General training content

a) System of legal documents on electrical safety;

b) Diagrams of power systems and safety assurance requirements for power systems;

c) Organizational measures to ensure safety when carrying out work: Survey and preparation of reports on the scenes (if needed); preparing plans; registering working schedules; organizing working units; working by worksheets or working orders; procedures for permitting work; supervising safety during working time; procedures for permitting procedures for ending work and turning the power back on;

d) Technical measures to prepare a safe workplace: Cutting power and preventing it from being turned back on; checking to ensure that power is off; earthing; setting up barriers; establishing safe work zones and hanging prohibition signs and signs;

dd) Methods of recognition and measures to eliminate risks of incidents, risks, and accidents at workplaces and methods for separating victims from power sources and providing first aid for electrical accident victims;

e) Features, effects, usage, preservation methods, and regulations on inspection (experiment and inspection) of safety equipment and working instruments and tools in conformity with employees’ work.

2. Training for persons operating transmission lines

a) Recognition of dangers and control solutions in the operation of transmission lines;

b) Operational processes and processes of handling transmission line failures;

c) Safety in inspecting transmission lines; working on transmission lines with power on or off; cutting and pruning trees inside and near the safety corridors of transmission lines; working at height.

3. Training for persons operating electrical devices and substations:

a) Recognition of dangers and control solutions in the operation of electrical substations;

b) Operational processes, processes of failure handling, and regulations on the safety of electrical devices and substations;

c) Safety in inspecting electrical devices; operating or suspending the operation of electrical devices; working with electrical devices.

4. Training for persons engaging in electrical construction and installation

a) Recognition of dangers and control solutions in electrical construction and installation;

b) Safety in digging and pouring pole foundations; digging cable trenches;

c) Safety in installing and setting up poles, beams, and bases;

d) Safety in spreading and stretching transmission lines and earth wires;

dd) Safety in installing electrical devices.

5. Training for persons engaging in electrical experiments and inspection

a) Recognition of dangers and control solutions in electrical experiments and inspection;

b) Inspection processes, experiment processes, and regulations on safety when using devices during inspection or experiments;

c) Electrical safety in experiments or inspection of electrical devices or tools.

6. Training for persons repairing transmission lines and electrical devices

a) Recognition of dangers and control solutions in the repair of transmission lines and electrical devices;

b) Regarding transmission lines: Safety in repair operations on transmission lines with power off or independent power sources or in areas of influence of other operating transmission lines;

c) Regarding electrical devices: Safety in working with each type of electrical device.

7. Training for persons hanging, removing, and inspecting electricity measurement systems at installation locations:

a) Recognition of dangers and control solutions in hanging, removing, and inspecting electricity measurement systems;

b) Safety in hanging, removing, and inspecting electricity measurement systems at installation locations when power is on or off.

8. Training for power system dispatchers

a) Recognition of dangers and control solutions in the work of dispatchers;

b) Regulations concerning dispatch, handling, troubleshooting, and processes of operating devices under control rights;

c) Safety in handling, troubleshooting, and delivery of transmission lines and electrical devices under control rights between dispatchers and on-duty management and operation units.

Article 25. Practical training

1. Methods of using, preserving, testing, experimenting, and inspecting safety equipment and working instruments and tools in conformity with employees’ work.

2. Methods of separating electrocution victims from power sources, bringing victims down from high places, and providing first aid for electrical accident victims.

3. Handling concerning safety assurance in conformity with employees’ work.

4. Contents concerning organizational and technical solutions while carrying out work.

Article 26. Training

1. Employers and units organizing training shall:

a) Develop training and examination documents and stipulate the training time in conformity with the safety grades and work positions of employees;

b) Select trainers and examiners, ensuring the capacity requirements according to Clause 2 of this Article.

c) Organize training, exams, grading, and issuance of electrical safety cards to employees if they are qualified after inspection. Where employees fail theoretical or practical exams, they shall be trained for the failed part;

d) Manage and monitor training, exams, grading, and issuance of electrical safety cards in their units.

2. Electrical safety trainers and examiners

a) Theoretical trainers and examiners shall have at least bachelor’s degrees in conformity with the training majors and at least 5 years of experience in work conformable with such majors;

b) Practical trainers and examiners shall have at least college degrees and knowledge and at least 5 years of experience in work conformable with training majors.

3. Training and exam forms and time

a) Training forms: Theoretical training shall be carried out in person or online; practical training shall be carried out in person;

b) First-time training shall be carried out when employees are recruited. The first-time training time shall be at least 24 hours;

c) Periodic training shall be carried out within 2 years from the latest training of employees. The periodic training time shall be at least 8 hours;

d) Retraining shall be carried out when employees transfer to other work positions or change the safety grades or upon changes to devices and technologies; when employees fail to pass the exams or return to work after quitting for 6 months or more. The retraining time shall be at least 8 hours.

4. Based on specific conditions, employers may organize electrical safety training according to this Decree separately or in combination with training in occupational safety, occupational hygiene, and fire safety or cooperation with other training units according to the law.

Article 27. Electrical safety grades

Electrical safety cards shall be divided into 5 safety grades, from 1/5 to 5/5, with results of practical and theoretical exams reaching 80% or more.

1. Requirements for 1/5:

a) Have the results of the first-time theoretical and practical training reach 80% or more;

b) Have knowledge of general regulations to ensure safety while carrying out the assigned work;

c) Use and manage safety equipment and working instruments and tools in compliance with regulations;

d) Have knowledge of first aid for electrocution victims.

2. Requirements for 2/5:

a) Understand the general regulations and measures to ensure safety when while carrying out the assigned work;

b) Use and manage safety equipment and working instruments and tools in compliance with regulations;

c) Understand methods of separating victims from power sources;

d) Have knowledge of first aid for electrocution victims.

3. Requirements for 3/5:

a) Similar to 2/5;

b) Have the capacity to detect violations and unsafe acts;

c) Have skills in inspecting and supervising people working at transmission lines or electrical devices.

4. Requirements for 4/5:

a) Similar to 3/5;

b) Understand the responsibilities and implementation scope of each working unit when jointly participating in work;

c) Have skills in preparing safety measures to carry out work and organize the supervision and monitoring of workers;

d) Have the capacity to analyze and investigate electrical failures and accidents.

5. Requirements for 5/5:

a) Similar to 4/5;

b) Have skills in cooperating with other working units, work leaders, and organizations on the implementation of safety measures and work inspection and monitoring.

Article 28. Electrical safety grade-based work

1. Grade 1/5:

a) Carrying out work that does not involve contact with electrified electrical devices or transmission lines;

b) Assisting working units working on electrical devices or transmission lines.

2. Grade 2/5:

a) Carrying out the work of grade 1/5;

b) Working at places where power is fully off.

3. Grade 3/5:

a) Carrying out the work of grade 2/5;

b) Working at places where power is partially off.

c) Working directly with electrified transmission lines and low-voltage electrical devices;

d) Performing operations on high-voltage electrical grids;

dd) Inspecting electrical substations and transmission lines in operation;

e) Issuing work orders, directly commanding, permitting working units’ entry for work, and supervising working units working on transmission lines and low-voltage electrical devices.

4. Grade 4/5:

a) Carrying out the work of grade 3/5;

b) Working directly with electrified transmission lines and high-voltage electrical devices;

c) Issuing worksheets and work orders, directly commanding, permitting working units’ entry for work, and supervising working units working on transmission lines and low-voltage electrical devices.

5. Grade 5/5 shall carry out all the assigned work.

Article 29. Electrical safety cards

1. Electrical safety cards shall be issued as paper or electronic cards following the form in Appendix II enclosed with this Decree.

2. Employers or units organizing training and exams shall issue electrical safety cards in the following cases:

a) After employees have received first-time training and passed the exams;

b) When employees transfer work;

 

c) When employees lose or damage their cards;

d) When employees change the safety grades.

3. Card use

a) Use time: from the issuance until the revocation;

b) Throughout the working process, employees shall carry and present electrical safety cards upon requests from licensing persons, employers, and competent persons.

4. Revocation of electrical safety cards

Employers shall revoke electrical safety cards issued to employees in the following cases:

a) When employees transfer to other work or discontinue their work at the previous organizations or units;

b) Cards are old or damaged, and the images or characters on cards have faded;

c) Upon violations of processes and regulations on electrical safety;

d) Upon issuance of new cards.

5. Employers and training units shall adequately store training records for at least 2 years and present them upon requests from state management authorities.

Chapter V

ELECTRICITY WORK SAFETY

Article 30. Classification of hydropower works

Hydropower works shall be classified in service of the management and operation for work safety assurance:

1. Especially important hydropower works fall into one of the following cases:

a) Dams with a height of 100 m or more or works with reservoirs prescribed in Points b and c of this Clause;

b) Hydropower reservoirs with a total capacity of 1.000.000.000 m³ or more;

c) Hydropower reservoirs with a capacity of 500.000.000 m³ to under 1.000.000.000 m³ where the downstream areas of the dams are cities, district-level towns, industrial parks, or important works concerning national security;

d) Hydropower plants with an installed capacity of more than 1000 MW.

2. Large hydropower works fall into one of the following cases:

a) Dams with a height of 15 m to under 100 m or works with reservoirs prescribed in Point c of this Clause;

b) Dams with a height of 10 m to under 15 m and a length of 500 m or more, or dams with a height of 10 to under 15 m with a flood discharge flow rate of over 2.000 m³/s;

c) Hydropower reservoirs with a total capacity of 3.000.000 m³ to under 1.000.000.000 m³, excluding the reservoirs prescribed in Point c Clause 1 of this Article;

d) Hydropower plants with an installed capacity of more than 50 MW to 1000 MW.

3. Medium hydropower works fall into one of the following cases:

a) Dams with a height of 10 m to under 15 m or dams of hydropower reservoirs prescribed in Point b of this Clause, excluding the dams prescribed in Point b Clause 2 of this Article;

b) Hydropower reservoirs with a total capacity of 500.000 m³ to under 3.000.000 m³;

c) Hydropower plants with an installed capacity of more than 30 MW to 50 MW.

4. Small hydropower works fall into one of the following cases:

a) Dams with a height of 5 m to under 10 m;

b) Hydropower reservoirs with a total capacity of 50.000 m³ to under 500.000 m³;

c) Hydropower plants with an installed capacity of 30 MW or less.

5. Authority to decide on the list of hydropower works

a) The Ministry of Industry and Trade of Vietnam shall take charge and cooperate with provincial People’s Committees where there are hydropower works in requesting the Prime Minister of Vietnam to decide on the list of especially important hydropower works;

b) The Minister of Industry and Trade of Vietnam shall decide on the list of large, medium, and small hydropower works constructed in the areas of 2 provinces or more;

c) Provincial People’s Committees shall decide on the list of hydropower works in their areas, excluding the hydropower works prescribed in Points a and b of this Clause.

Article 31. Categorization of hydropower works

Hydropower works shall be categorized following National Technical Regulations on hydropower and in conformity with construction laws to serve the design, construction, monitoring, safety inspection, and maintenance of hydropower works.

Article 32. Hydropower reservoir operation procedures

1. Hydropower operation procedures shall comply with electricity and water resources laws and relevant laws and conform with inter-reservoir operation procedures approved by competent authorities.

2. Investors of hydropower works shall establish hydropower reservoir operation procedures and present them to competent state authorities for approval before the first water filling and hand them over to units managing and operating hydropower works and hydropower, water resources, and natural disaster management and preparation authorities;

3. Hydropower reservoir operation procedures

a) Legal grounds for establishing work operation principles and procedures, primary technical parameters, and tasks of works;

b) Regulations on gate operations (if any); specific regulations on hydropower reservoir operation procedures during flood season and dry season in normal circumstances and cases of drought, water shortage, saline intrusion, flooding, water pollution, and emergencies;

c) Regulations on mechanisms for monitoring and provision of information on specialized hydrometeorological monitoring as per regulation;

d) Warning of flood discharge in normal circumstances and emergencies and warning upon power generation, including regulations on the time limit for warning before opening the first floodgate; warning signals, warning time, and warning positions; responsibilities of organizations and individuals for issuing, announcing, and executing flood discharge orders; responsibilities of organizations and individuals for issuing, delivering, and receiving warnings of floodgate opening or closing;

dd) Reservoir operations, ensuring compliance with regulations on minimum water flow (if any);

e) Regulations on responsibilities and entitlements of owners, units managing and operating hydropower works, and relevant organizations and individuals regarding the implementation of hydropower operation procedures;

g) Regulations on implementation and cases of revision to hydropower reservoir operation procedures.

4. Responsibility for implementing hydropower reservoir operation procedures approved by competent authorities:

a) Units managing and operating hydropower works carry out the operation following the hydropower reservoir operation procedures or inter-reservoir operation procedures approved by competent authorities; comply with hydropower work safety and water resources laws; record the operation of hydropower reservoirs into the operational logs in paper or electronic forms or using other specialized software as decided by owners of works;

b) Owners of hydropower works shall announce the reservoir operation procedures approved by competent authorities; comply with hydropower work safety and water resources laws; organize the inspection and supervision of management and operation units implementing reservoir operation procedures or inter-reservoir operation procedures approved by competent authorities;

c) Presidents of provincial People’s Committees shall direct the inspection and supervision of the implementation of reservoir operation procedures and inter-reservoir operation procedures under their management; direct the assurance of safety and decide on measures to handle emergencies for hydropower works under their management; submit reports to the Prime Minister of Vietnam in emergencies exceeding the local responding capacity;

d) Heads of provincial Civil Defense Commands shall monitor the development of rains and floods, decide on regulating schemes, and issue reservoir operation orders and decisions on emergency flood discharge for hydropower works in areas under their management according to their jurisdiction and assigned tasks; submit reports to Heads of National Civil Defense Steering Committees in emergencies exceeding their local responding capacity;

dd) The Minister of Industry and Trade of Vietnam shall direct and organize the inspection of the implementation of reservoir operation procedures and inter-reservoir operation procedures approved by competent state authorities; direct the implementation of responding measures in emergencies and decide on measures to handle emergencies regarding hydropower works according under the Ministry’s managing jurisdiction; submit reports to the Prime Minister of Vietnam and Heads of National Civil Defense Steering Committees in emergencies exceeding the Ministry’s responding capacity;

e) Heads of National Civil Defense Steering Committees shall direct the preparation and management of floods and flooding in downstream areas of dams according to their jurisdiction and assigned tasks; direct and support measures to response to emergencies where such emergencies exceed the capacity of ministries or central or local authorities.

Article 33. Applications and procedures for appraising and approving hydropower reservoir operation procedures

1. Applications for appraisal and approval for hydropower reservoir operation procedures

A hydropower work owner shall submit an application for approval for the hydropower reservoir operation procedures in person, by post, or through online public services to the receiving authority according to Clause 2 of this Article; assume responsibility for the legality, reliability, and accuracy of the documents used in the records of hydropower reservoir operation procedures. An application includes

a) Statement on the request for approval for the hydropower reservoir operation procedures (original copy);

b) Draft hydropower reservoir operation procedures following the form in Appendix III enclosed with this Decree (the draft copy shall bear a seal on adjoining edges of the pages);

c) Report on the presentation and appendixes of the results of technical calculation (original copy);

d) Comprehensive site of hydropower works and drawings of the site and primary cross sections of the works, work items (dams, hydropower reservoirs, plants, and waterways) (copies);

dd) Written opinions from organizations and units managing and operating dams and reservoirs in the same basin (copies);

e) Report on the verification of the calculation results of the hydropower reservoir operation procedures (if any) (original copy);

g) Other relevant documents (copies).

2. Authorities receiving applications and appraising hydropower reservoir operation procedures.

a) The Industrial Safety Techniques and Environment Agency shall receive applications and organize the appraisal of hydropower reservoir operation procedures under the approving jurisdiction of the Ministry of Industry and Trade of Vietnam;

b) Departments of Industry and Trade shall receive applications and organize the appraisal of hydropower reservoir operation procedures under the approving jurisdiction of provincial People’s Committees;

c) Where a provincial People’s Committee authorizes a district-level People’s Committee to approve hydropower reservoir operation procedures in the area of a rural district, the district-level People’s Committee shall assign a specialized agency under its management as the authority receiving the applications and appraising hydropower reservoir operation procedures.

3. Procedures for appraising hydropower reservoir operation procedures

a) Within 3 working days from the receipt of applications, receiving authorities shall assess and inspect them; where applications are invalid, receiving authorities shall issue written notices to the applicants for completion as per regulation;

b) Within 30 days from the receipt of adequate and valid applications, receiving authorities shall appraise and request competent authorities to consider issuing approval. Where the conditions for approval are inadequate, receiving authorities shall issue written notices to the applicants for addition and completion of the applications.

4. During the appraisal, appraising authorities shall have the following responsibilities:

a) Regarding hydropower reservoir operation procedures under the approving jurisdiction of the Ministry of Industry and Trade of Vietnam, appraising authorities shall solicit opinions from relevant organizations; request competent authorities to solicit opinions from relevant ministries and provincial People’s Committees;

b) Regarding hydropower reservoir operation procedures under the approving jurisdiction of provincial People’s Committees, appraising authorities shall solicit opinions from district-level People’s Committees and relevant organizations;

c) Ministries, provincial People’s Committees, and relevant organizations shall submit their written opinions within 7 days after receiving written requests from authorities competent to appraise and approve hydropower reservoir operation procedures.

5. Operation procedure approval authorities and owners shall announce hydropower reservoir operation procedures on the web portals or websites of approving authorities, owners, headquarters of operation and management units, and commune-level People’s Committees.

6. Applications and procedures for appraisal and approval for adjustments to hydropower reservoir operation procedures:

a) Applications for appraisal and approval include the documents prescribed in Points a, b, and c Clause 1 of this Article.

b) The receiving authorities prescribed in Clause 2 of this Article shall assess and appraise applications and present them to competent authorities for approval under the procedures specified in Clauses 3 and 4 of this Article.

7. After 5 years of implementation, if hydropower reservoir operation procedures are still conformable and do not require any adjustment or addition, owners of hydropower works shall submit reports to authorities competent to approve hydropower reservoir operation procedures for permission to continue the use of hydropower reservoir operation procedures. Competent authorities shall consider issuing decisions to permit the continuation of the use of operation procedures approved by competent authorities or request owners to apply for approval for adjustments to hydropower reservoir operation procedures according to Clause 6 of this Article.

Article 34. Schemes to respond to emergencies

1. Owners and units managing and operating hydropower works shall prepare schemes to respond to emergencies, present them to competent state authorities for approval, and implement such schemes after receiving approval.

2. Content of a scheme to respond to emergencies

a) Reservoir operation scenarios in case of emergencies or dam failures;

b) Flood maps for downstream areas of dams in case of emergencies or dam failures;

Flood maps for downstream areas of dams shall be developed, announced, and handed over to owners of hydropower works according to the law on the management of the safety of dams and reservoirs.

In areas without competent authorities’ approval and announcement of flood maps of downstream areas of dams, investors of hydropower works shall carry out the survey and calculation to determine the scope of affected downstream areas of dams and the flooding level of downstream areas of dams upon reservoirs’ water discharge under procedures or flood discharge in emergencies or in case of dam failures in service of the development of schemes to respond to emergencies;

c) Emergencies or dam failures; predictions and plans for responses;

d) Statistics on affected entities and the effect level by scenarios;

dd) Regulations on the mechanisms and methods for providing information, warnings, and alarms for local authorities, state management authorities, natural disaster management and preparation authorities, and people in affected areas;

e) Responding plans in conformity with each scenario of floods and flooding in downstream areas of works;

g) Resources for implementing schemes;

h) Responsibilities of owners, units managing hydropower works, authorities at all levels, and relevant agencies and units.

3. Applications for appraisal and approval for schemes to respond to emergencies

A hydropower work owner shall submit an application in person, by post, or through online public services to the receiving authorities prescribed in Clause 5 of this Article; assume responsibility for the legality, reliability, and accuracy of the documents used in the records of the schemes to respond to emergencies. An application includes:

a) Statement on the request for approval (original copy).

b) Draft schemes to respond to emergencies following the form in Appendix IV enclosed with this Decree (draft copy shall bear a seal on adjoining edges of the pages);

c) Reports on the results of technical calculation (copies);

d) Written opinions from relevant agencies and units (copies);

dd) Other relevant documents (copies).

4. Authority to approve schemes to respond to emergencies

a) Schemes to respond to emergencies for hydropower works in the areas of 1 province shall be approved by a provincial People’s Committee. Where hydropower works are in the areas of 2 provinces or more, the provincial People’s Committee competent to issue reservoir operation orders shall take charge of the approval for schemes to respond to emergencies after soliciting opinions from the relevant provincial People’s Committee;

b) A provincial People’s Committee shall decide to authorize a district-level People’s Committee to approve schemes to respond to emergencies for hydropower works in the areas of 1 rural district.

5. Authorities receiving applications and appraising schemes to respond to emergencies

a) Departments of Industry and Trade shall receive applications and appraise schemes to respond to emergencies for hydropower reservoirs under the approving jurisdiction of provincial People’s Committees;

b) Where a provincial People’s Committee authorizes a district-level People’s Committee to approve schemes to respond to emergencies for hydropower works in the areas of 1 rural district, the district-level People’s Committee shall assign a specialized agency under its management as the authority receiving and appraising schemes to respond to emergencies.

6. Procedures for appraising and approving schemes to respond to emergencies.

a) Within 3 working days from the receipt of applications, receiving authorities shall assess and inspect them; where applications are invalid, receiving authorities shall return them to the applicants and issue written notices of the reasons for the return;

b) Within 20 days from the receipt of adequate and valid applications, receiving authorities shall appraise the schemes. Where conditions are adequate, receiving authorities shall request competent authorities to consider issuing approval; where conditions are inadequate, receiving authorities shall issue written notices to the applicants for completion of the applications as per regulation;

c) Approving authorities shall approve schemes to respond to emergencies within 5 days after receiving applications for approval from appraising authorities.

7. During the appraisal, appraising authorities shall have the following responsibilities:

a) Regarding schemes to respond to emergencies under the approving jurisdiction of provincial People’s Committees, appraising authorities shall solicit opinions from provincial authorities for natural disaster preparation and management, water resources, and irrigation in the lowlands, relevant provincial People’s Committees in the lowlands, and relevant organizations;

b) Regarding schemes to respond to emergencies under the approving jurisdiction of district-level People’s Committees, appraising authorities shall solicit opinions from provincial authorities for hydropower, natural disaster preparation and management, and water resources, commune-level People’s Committees, and relevant organizations;

c) Relevant agencies and organizations shall submit written opinions within 7 days after receiving the written requests from authorities competent to appraise and approve schemes to respond to emergencies.

8. Applications and procedures for appraisal and approval for adjustments to schemes to respond to emergencies:

a) Applications for approval include the documents prescribed in Points a, b, and c Clause 3 of this Article.

b) The receiving authorities prescribed in Clause 5 of this Article shall appraise the applications and present them to competent authorities for approval under Clauses 6 and 7 of this Article.

9. After 5 years of implementation, if schemes to respond to emergencies are still conformable and do not require any adjustment or addition, owners of hydropower works shall submit reports to authorities competent to approve schemes to respond to emergencies for permission to continue the use of schemes to respond to emergencies. Competent authorities shall consider issuing decisions to permit the continuation of the use of schemes to respond to emergencies approved by competent authorities or request owners of works to apply for approval for adjustments to schemes to respond to emergencies according to Clause 8 of this Article.

Article 35. Schemes to protect hydropower dams and reservoirs

1. Owners and units managing and operating hydropower works shall prepare schemes to protect hydropower dams and reservoirs, present them to competent state authorities for approval, and implement such schemes after receiving approval.

2. Content of schemes to protect hydropower dams and reservoirs

a) Topographic characteristics, design parameters, site diagrams, and boundary markers of the protection scope of hydropower dams and reservoirs;

b) Management, utilization, and protection of hydropower dams and reservoirs;

c) Regular, periodic, and irregular reports and inspections;

d) Regulations on restricting or banning traffic vehicles with large loading capacity from going in the protection scope of works; regulations on fire safety; protection of the safety of document archives and warehouses for storing explosives, flammable substances, and toxic substances;

dd) Organization of forces and assignment of responsibilities for protecting hydropower works and equipment supporting the protection;

e) Inspection and control of people and vehicles entering and exiting works;

g) Prevention and detection of acts of infringing or sabotaging works and the surroundings of hydropower works;

h) Protection and handling when hydropower works face failures or risks of failures;

i) Resources for implementing schemes;

k) Responsibilities of owners, units managing hydropower works, authorities at all levels, and relevant agencies and units.

3. Applications for appraisal and approval for schemes

A hydropower work owner shall submit an application in person, by post, or through online public services to the receiving authorities prescribed in Clause 4 of this Article; assume responsibility for the legality, reliability, and accuracy of the documents used in the records of the schemes to respond to emergencies. An application includes:

a) Report on the presentation of the schemes to protect hydropower dams and reservoirs following the form in Appendix V enclosed with this Decree;

b) Drawing of the total site of works and work items requiring protection;

c) Other relevant documents.

4. Authorities receiving applications and appraising schemes to protect hydropower dams and reservoirs

a) The Industrial Safety Techniques and Environment Agency shall receive applications and organize the appraisal of schemes to protect hydropower dams and reservoirs under the approving jurisdiction of the Ministry of Industry and Trade of Vietnam;

b) Departments of Industry and Trade shall receive applications and organize the appraisal of schemes to protect hydropower dams and reservoirs under the approving jurisdiction of provincial People’s Committees;

c) Where a provincial People’s Committee authorizes a district-level People’s Committee to approve schemes to protect hydropower dams and reservoirs in the area of a rural district, the district-level People’s Committee shall assign a specialized agency under its management as the authority receiving the applications and appraising schemes to protect hydropower dams and reservoirs.

5. Procedures for appraising and approving schemes to protect hydropower dams and reservoirs

a) Within 3 working days from the receipt of applications, receiving authorities shall assess and inspect them; where applications are invalid, receiving authorities shall issue written notices to the applicants for completion as per regulation;

b) Within 20 days from the receipt of adequate and valid applications, receiving authorities shall appraise and request competent authorities to consider issuing approval. Where the conditions for approval are inadequate, receiving authorities shall issue written notices to the applicants for addition and completion of the applications.

c) Approving authorities shall approve schemes to protect hydropower dams and reservoirs within 5 days after receiving applications for approval from appraising authorities.

6. During the appraisal, appraising authorities shall have the following responsibilities:

a) Regarding schemes to protect hydropower dams and reservoirs under the approving jurisdiction of the Ministry of Industry and Trade of Vietnam, appraising authorities shall solicit opinions from relevant organizations and specialists; request competent authorities to solicit opinions from ministries and provincial People’s Committees;

b) Regarding hydropower reservoir operation procedures under the approving jurisdiction of provincial People’s Committees, appraising authorities shall solicit opinions from district-level People’s Committees, relevant organizations, and specialists;

c) Relevant agencies and organizations shall submit written opinions within 7 days after receiving the written requests from authorities competent to appraise and approve schemes to protect hydropower dams and reservoirs.

7. Contents, applications, and procedures for formulating and approving adjustments to schemes to protect hydropower dams and reservoirs shall comply with Clauses 2, 3, and 5 of this Article.

8. After 5 years of implementation, if schemes to protect hydropower dams and reservoirs are still conformable and do not require any adjustment or addition, owners of hydropower works shall submit reports to authorities competent to approve schemes to protect hydropower dams and reservoirs for permission to continue the use of schemes to protect hydropower dams and reservoirs. Competent authorities shall consider issuing decisions to permit the continuation of the use of schemes to protect hydropower dams and reservoirs approved by competent authorities or request owners to apply for approval for adjustments to schemes to protect hydropower dams and reservoirs according to Clause 7 of this Article.

Article 36. Protection scope of hydropower works

1. The protection scope of hydropower works includes dams, reservoirs, waterways, plants, electrical substations, other auxiliary works, and the surroundings.

2. Within the protection scope of hydropower works, operations must not hinder the operation and safety assurance of works; management roads and sites must be built within such protection scope for maintenance and handling of works upon failures.

3. Regulations on the surroundings:

a) The surroundings of a dam route shall have a scope starting from the toe of the dam outwards, which is at least 300 m for a special grade dam, 200 m for a grade-I dam, 100 m for a grade-II dam, 50m for a grade-III dam, or 20 m for a grade-IV dam;

b) The surroundings of a waterway:

Regarding an impoundment or run-of-river hydropower plant, the surroundings of the waterway shall comply with Point a of this Clause.

Regarding a diversion hydropower plant with an open canal from the water intake gate to the end of the channel leading out of the hydropower plant, the surroundings of the waterway start from the cut bank or fill bank outwards, up to 5 m.

Regarding penstock hydropower plants with water intake gates, open water towers, open pressure pipes, hydropower plants, and channels leading out of hydropower plants, the surroundings of the waterway shall start from the cut bank outwards, up to 5 m.

c) The surroundings of the riverbed of a hydropower reservoir start from the boundary with an elevation equal to the elevation of the peak of the dam downwards the reservoir, excluding the reservoir’s surface area;

d) The protection scope of electrical substations and plants shall comply with Articles 6 and 7 of this Decree.

4. When adjusting the scale and use purposes of hydropower works, it is mandatory to adjust the surroundings in conformity with Clause 3 of this Article. Authorities approving schemes to protect hydropower dams and reservoirs shall be competent to approve adjustments to the scope of the surroundings for work protection.

Article 37. Schemes for first water filling

1. Before approving schemes for the first water filling, owners of hydropower works shall comply with construction, land, water resources, forestry, and environmental protection laws. Additionally, owners of hydropower works shall comply with regulations of the law on hydropower work safety as follows:

a) Written notices of the commissioning inspection results regarding work items and water-filling works have been issued by state management authorities;

b) Hydropower reservoir operation procedures, schemes to respond to emergencies, and schemes to protect hydropower dams and reservoirs are approved by competent authorities;

c) Investment in and installation of water discharge warning devices, surveillance cameras, water level monitoring devices, and systems for direct information transmission to management agencies of natural disaster preparation and management, industry and trade, and water resources are completed;

d) Systems for ensuring the minimum water flow in lowlands in compliance with water resources laws are installed;

dd) Other responsibilities and obligations according to relevant laws are fulfilled.

2. Investors of hydropower works shall formulate, approve, and send schemes for the first water filling following the form in Appendix VI enclosed with this Decree to authorities competent to approve hydropower reservoir operation procedures and People’s Committees at all levels in their areas 10 days before the first water-filling date.

3. Local People’s Committees at all levels shall inspect and supervise the implementation of investors’ schemes for the first water filling. Where schemes for the first water filling approved by investors of hydropower works are detected to fail to meet Clause 1 of this Article, the mentioned People’s Committees shall issue written requests to investors for suspension of the water filling and consider performing handling actions under the law.

Article 38. Declaration of safety registration of hydropower dams and reservoirs

1. Responsibility for declaring safety registration of hydropower dams and reservoirs

a) Owners of hydropower works shall formulate and send the declarations of safety registration of hydropower dams and reservoirs to competent state authorities within 30 days from the date of testing for utilization;

b) Regarding hydropower works in utilization, upon adjustments to the scale or use purposes or changes to owners, units managing hydropower works shall adjust and send the declarations of safety registration of hydropower dams and works to competent state authorities within 15 days from the changes.

2. Declarations of safety registration of hydropower works and reservoirs shall follow the form in Appendix VII enclosed with this Decree.

3. Departments of Industry and Trade shall receive the declarations of safety registration of hydropower works and reservoirs; summarize and develop a database on technical parameters and information on the management of hydropower dams and reservoirs in their areas; submit reports to provincial People’s Committees and the Ministry of Industry and Trade of Vietnam.

Article 39. Monitoring of hydropower dams and reservoirs

1. Owners of hydropower dams shall install devices to monitor hydropower dams and reservoirs according to the respective technical regulations and relevant laws.

2. Responsibilities of units managing and operating hydropower works

a) Monitor hydropower dams and reservoirs and relevant works according to regulations in the design records and national technical regulations to track the safety and stability of works continuously;

b) Analyze, assess, and handle monitoring figures; detect abnormal signs for timely handling; store monitoring documents as per regulation;

c) Submit reports on monitoring results to owners of hydropower works.

3. Responsibilities of owners of hydropower works

a) Based on the analysis of monitoring figures of hydropower dams and reservoirs, formulate and implement plans to maintain hydropower dams and reservoirs according to Article 42 of this Decree;

b) Periodically examine, inspect, and assess the operational status of monitoring devices and adopt schemes for timely repair and replacement of broken or unqualified devices.

Article 40. Specialized hydrometeorological monitoring

1. Owners of hydropower works shall ensure the funding for specialized hydrometeorological monitoring of hydropower dams and reservoirs.

2. Units managing and operating hydropower works shall collect specialized hydrometeorological forecasts and monitoring following the respective technical standards and hydrometeorology laws.

3. Content of specialized hydrometeorological monitoring

a) Regarding hydropower works with flood regulation gates, monitor the rainfall in the basin and water levels in upstream and downstream areas of dams; calculate the inflow rate of reservoirs and discharge rate; forecast the reservoirs’ inflow and capacity of water level increase;

b) Regarding large hydropower works with uncontrolled spillways, monitor the rainfall in the basin and the water level in upstream and downstream areas of dams; calculate the inflow rate of reservoirs and discharge rate;

c) Regarding medium hydropower works with uncontrolled spillways, monitor the water level in upstream and downstream areas of dams and calculate the discharge rate; encourage the application of other according to Point b of this Clause;

d) Regarding small hydropower works with uncontrolled spillways, monitor the water level in upstream and downstream areas of dams and the water level at the spillway.

4. Monitoring regulations

a) Regarding dams and reservoirs with flood regulation rates: Monitoring shall be carried out twice per day at 7:00 and 17:00 in dry seasons; 4 times per day at 1:00, 7:00, 1:00, and 7:00 in flood seasons; in case of anti-flood operations, the frequency of monitoring and calculation operations shall be at least once every hour and the frequency of monitoring shall be at least 4 times every hour when the water level of reservoirs exceeds the design flood water level.

b) Regarding dams and reservoirs with uncontrolled spillways: Monitoring shall be carried out twice per day at 7:00 and 19:00 in dry seasons; 4 times per day at 1:00. 7:00, 13:00, and 18:00 in flood seasons when the water level of reservoirs is lower than the overflow weir; once every hour when the water level of reservoirs is equal to or higher than the overflow weir; 4 times every hour when the water level of the reservoirs exceed the design flood water level.

5. Units managing and operating hydropower works shall provide and update information and data on specialized hydrometeorological monitoring on the websites of units managing hydropower works according to hydrometeorology laws and the following regulations:

a) Hydropower works with flood regulation gates and especially important and large dams and reservoirs with uncontrolled spillways: provide information and data on hydrometeorological monitoring for owners; hydropower authorities and authorities for natural disaster preparation and management at all levels where there are hydropower works and downstream areas of dams; the Ministry of Agriculture and Environment of Vietnam and the Ministry of Industry and Trade of Vietnam within the ministerial management scope; National Civil Defense Steering Committees in emergencies;

b) Medium and small hydropower works with uncontrolled spillways: provide information and data on hydrometeorological monitoring for owners of works, hydropower authorities, and authorities for natural disaster preparation and management at all levels where there are hydropower works and downstream areas of dams.

6. Provision of information and reports

a) The provision of information and reports shall be carried out in person or via fax machines, computer networks, mobile phones, ICOM radios, or other forms;

b) Documents shall be sent to owners and units managing hydropower works to monitor and store management records.

Article 41. Safety inspection of hydropower dams and reservoirs

1. The first inspection shall be carried out in the third year from the date when water is filled into works or reservoirs reach their normal water level.

2. Periodic inspections shall be carried out 5 years after the latest inspection.

3. Irregular inspections shall be carried out

a) Upon damage or degradation, posing risks of failing to ensure the safety of hydropower dams and reservoirs;

b) When grounds for deciding to extend the service life of works are needed regarding hydropower dams and reservoirs at the end of their design life or irregular inspections are considered the grounds for repairing or upgrading hydropower dams and reservoirs;

c) Upon decisions of competent state authorities prescribed in Clause 4 of this Article.

4. Authority to decide on irregular inspection

a) The Ministry of Industry and Trade of Vietnam shall decide on the irregular inspections of especially important hydropower dams and reservoirs and hydropower dams and reservoirs constructed in the areas of 2 provinces or more;

b) Provincial People’s Committees shall decide on the irregular inspections of hydropower dams and reservoirs in their areas, excluding those prescribed in Point a of this Clause.

5. Content of safety inspection of hydropower dams and reservoirs

a) Regarding especially important and large hydropower works: inspect and analyze monitoring documents on hydropower dams and reservoirs; survey and explore hidden dangers and defects of works; inspect the landslide and sedimentation of hydropower reservoirs; inspect the flood discharge capacity of hydropower reservoirs following current national technical standards and regulations, hydrometeorological documents, and basin changes that have been updated; assess the quality and safety of hydropower works and reservoirs;

b) Regarding medium and small hydropower works: survey and explore hidden dangers and defects of works; inspect the landslide and sedimentation of hydropower reservoirs; inspect the flood discharge capacity of hydropower reservoirs following current national technical standards and regulations, hydrometeorological documents, and basin changes that have been updated; assess the quality and safety of hydropower works and reservoirs;

6. Owners of hydropower works shall inspect and approve the inspection outline and results according to the law; submit reports on the inspection results to Departments of Industry and Trade inclusion in reports submitted to provincial People’s Committees where hydropower dams and reservoirs are constructed and the Ministry of Industry and Trade of Vietnam.

Article 42. Maintenance, repair, upgrade, and modernization of works and devices

1. Hydropower works shall be maintained, repaired, upgraded, and modernized under the law on quality management, the law on construction work maintenance, and relevant laws.

2. Hydropower works and reservoirs shall be repaired and upgraded to ensure the safety of hydropower works and reservoirs and lowlands before the annual rain season when they:

a) are damaged or degraded, posing safety risks;

b) are incapable of discharging flood according to technical standards and regulations;

c) are vulnerable to landslides and sedimentation of hydropower reservoirs.

3. Safety warning devices for works and lowlands are encouraged to be installed for medium and small dams and reservoirs with uncontrolled spillways.

4. Owners of hydropower works shall ensure the funding for maintaining, repairing, upgrading, modernizing, and installing operation supervision systems and information devices and formulate and implement procedures for work maintenance and safety warnings for dams, reservoirs, and lowlands.

Article 43. Inspection and assessment of safety of hydropower dams and reservoirs

1. Owners of hydropower works and units managing and operating hydropower works shall:

a) Carry out regular inspections and visual observations on sites to promptly grasp the status quo of hydropower works and reservoirs;

b) Before the annual rain season, inspect and assess the safety of hydropower works and reservoirs; adopt measures to proactively and promptly prevent, control, and handle damage to ensure the safety of hydropower works and reservoirs;

c) After the annual rain season, carry out inspections and assessments to detect damage; monitor the developments of damage to hydropower works and reservoirs; acquire experience in natural disaster preparation and management; propose measures and plans to repair and remedy damage and degradation;

d) Inspect and assess the status quo of the safety of hydropower works and reservoirs immediately after heavy rain or flood in the basin or strong earthquake in the areas of hydropower works;

dd) Where irregular damage to hydropower works and reservoirs is detected, immediately submit reports to owners and competent state authorities while adopting handling measures to ensure the safety of hydropower works and reservoirs.

2. Content of the inspection and assessment of the safety of hydropower dams and reservoirs:

a) Assessment of situations and hydrometeorological forecasts;

b) Results of the annual implementation of reservoir and inter-reservoir operation procedures;

c) Status quo of works: visual inspection of the status quo of works; analysis and assessment of the work monitoring results; operational status of devices of work items;

d) Status quo of hydropower reservoirs, landslides, bank restoration, and other operations within the protection scope of hydropower works;

dd) Inspection of applications and implementation results of suggestions of units appraising works;

e) Maintenance and repair of works.

3. Reports on the safety of hydropower dams and reservoirs before and after the annual rain season

a) Before the annual rain season, owners of hydropower works shall submit reports on the results of the safety assessment of hydropower dams and reservoirs following the form in Appendix VIII enclosed with this Decree to authorities competent to approve hydropower reservoir operation procedures and Departments of Industry and Trade of relevant provinces. The annual period of rains and floods in areas shall be determined under the law on forecast, warning, and information on natural disasters;

b) Before December 31 every year, owners of hydropower works shall submit reports on the status quo of the safety of hydropower dams and reservoirs following the form in Appendix IX enclosed with this Decree to authorities competent to approve reservoir operation procedures and Departments of Industry and Trade of relevant provinces. Reporting figures shall be finalized from January 1 to December 15 every year;

c) Owners of hydropower works shall immediately submit reports to the People’s Committees and Civil Defense Commands at all levels where hydropower works and reservoirs are located and relevant agencies according to regulations upon emergencies.

Article 44. Installation of warning systems for power generation and flood discharge

1. Owners of hydropower works shall install and maintain the stable operation of information and warning systems for the safety of electricity generation and flood discharge for dams and downstream areas of dams according to the following regulations:

a) Siren systems shall be installed at spillways and downstream areas of plants regarding plants located 500 m or more away from spillways;

b) Warning stations shall be installed in residential areas downstream of hydropower works within at least 15 km from the dams to the lowlands, or cooperation with local authorities shall be carried out to issue warnings through the infrastructures of local radio information systems in the lowlands;

c) Safety information and warning systems shall be equipped with backup power sources to ensure at least 24 hours of operations after the main power source is lost.

2. Cases of issuing warnings and warning content

a) Warnings for flood discharge through spillways with gates shall be issued when: the first gate is opened; the discharge rate through a gate is increased/decreased; emergency water discharge for work safety assurance; the last gate is completely closed;

b) Warnings for uncontrolled spillways shall be issued when: the water starts or stops flowing over spillways;

c) Warnings for power generation shall be issued when: the first generating set starts to operate or stops the power generation completely.

3. Depending on the positions of hydropower works and topography of the downstream areas of hydropower dams, district-level Civil Defense Commands and commune-level People’s Committees shall cooperate and agree with owners of hydropower works on the installation of the information and warning systems for operational safety. Contents requiring agreements include:

a) Installation position;

b) Warning equipment installed at each position;

c) Cases requiring warnings;

d) Warning time;

dd) Warning forms;

e) Rights and responsibilities of organizations and individuals relevant to warning.

4. The Ministry of Industry and Trade of Vietnam shall stipulate the technical requirements for the information and warning systems for power generation and flood discharge prescribed in Clause 1 of this Article.

Article 45. Installation of operational supervision systems

1. Investors and units managing and operating hydropower works shall:

a) Install and maintain the stable operations of the surveillance camera systems, water level monitoring devices, and online data transmission systems according to water resources laws and update data on the database on hydropower work operation;

b) Install staff gauges or equipment with similar functions to determine the downstream water level of downstream areas of dams; where downstream areas of dams have hydrometeorological monitoring stations, it is permitted to utilize information on the water levels of the lowlands from such stations instead of using staff gauges or equipment with similar functions.

2. Owners of hydropower works shall cooperate with provincial Civil Defense Commands and district-level People’s Committees in deciding the installation positions of staff gauges or equipment with similar functions.

Article 46. Storage of hydropower work records

1. The formulation and storage of records concerning investment, construction, and testing of hydropower works shall comply with the storage and construction laws.

2. Regarding the storage of records concerning the safety management of hydropower works, owners and units managing and operating hydropower works shall:

a) Store records approved by competent state authorities and records concerning the management and operation of hydropower reservoirs according to storage laws;

b) Ensure that the storage forms comply with storage laws and store records stored in electronic forms.

Article 47. Personnel engaging in safety management of hydropower dams and reservoirs

1. Investors and units managing and operating hydropower works shall arrange personnel engaging in the safety management of hydropower dams and reservoirs with qualifications conformable with the following requirements:

a) Regarding especially important hydropower works and reservoirs, there must be at least 3 persons with bachelor’s degrees in construction, hydro-works, or equivalents and at least 5 years of experience in managing and operating hydropower dams and reservoirs;

b) Regarding large hydropower works and reservoirs, there must be at least 2 persons with bachelor’s degrees in construction, hydro-works, or equivalents and at least 3 years of experience in managing and operating hydropower works and reservoirs;

c) Regarding medium and small hydropower works and reservoirs, there must be at least 1 person with bachelor’s degrees or 2 persons with college degrees in construction, hydro-works, or equivalents and at least 2 years of experience in managing and operating hydropower works and reservoirs.

2. Investors and units managing and operating hydropower works shall organize periodic training and advanced training in the knowledge and skills concerning the safety management of hydropower dams and reservoirs for persons engaging in the safety work of hydropower dams and reservoirs under their management at least once every 2 years.

3. Competent state authorities shall organize periodic training and advanced training in the knowledge and skills concerning the safety management of hydropower dams and reservoirs for persons competent to issue hydropower reservoir operation orders and heads and deputy heads of departments managing and operating hydropower works at least once every 2 years.

4. Content of training and advanced training in the knowledge and skills concerning the safety management of hydropower dams and reservoirs:

a) Law on the safety management of hydropower dams and reservoirs;

b) Implementation of hydropower reservoir operation procedures, schemes to respond to emergencies, and schemes to protect hydropower dams and reservoirs;

c) Measures to manage, operate, and ensure the safety of hydropower works according to the law.

5. State authorities competent to approve hydropower reservoir operation procedures shall cooperate with owners and units managing and operating hydropower works in organizing periodic advanced training in the knowledge and skills concerning the safety management of hydropower dams and reservoirs for the people prescribed in Clause 3 of this Article.

6. Annually, the Ministry of Industry and Trade of Vietnam shall provide guidelines on the advanced training document framework and forms of advanced training in the knowledge and skills concerning the safety management of hydropower dams and reservoirs for the people prescribed in Clause 3 of this Article.

Article 48. Responsibility for inspecting safety assessment of hydropower dams and reservoirs before annual rain season

1. The Ministry of Industry and Trade of Vietnam shall inspect the safety assessment of hydropower dams and reservoirs of owners of especially important hydropower works and hydropower works in the areas of 2 provinces or more and submit reports on the inspection results to the Prime Minister of Vietnam.

2. Provincial People’s Committees shall inspect the safety assessment of hydropower dams and reservoirs of owners of hydropower works in their areas, excluding the hydropower works prescribed in Clause 1 of this Article, and submit reports on the inspection results to the Ministry of Industry and Trade of Vietnam.

3. The inspecting authorities prescribed in Clauses 1 and 2 of this Article shall ensure the funding for the inspection and safety assessment of hydropower dams and reservoirs from the state budget and other legal funding sources according to the law.

Article 49. Safety requirements for hydropower works and reservoirs regarding operations in protection scope of hydropower works and reservoirs

1. Within the protection scope of hydropower dams and reservoirs, operations must not obstruct the operation of such dams and reservoirs, and the following safety requirements for hydropower works shall be met:

a) Compliance with construction, environmental protection, water resources, land, and mineral laws and other laws;

b) The protection scope of hydropower dams shall not be affected; adaptation of measures to eliminate risks of infringement on the protection scope of dams and water intake gates of hydropower works;

c) Landslides at hydropower reservoir banks, sedimentation of reservoirs, and impacts on the sediments at the bottom of hydropower reservoirs shall not be caused;

d) Cooperation with units managing and operating hydropower works on the safety assurance of hydropower dams and reservoirs.

2. When considering approving investment guidelines, appraising fundamental designs, appraising construction designs implemented after fundamental designs, appraising environmental impact reports and environmental licenses, or licensing projects or operations in the protection scope of hydropower works according to the law, competent authorities shall consider factors affecting the safety of hydropower works and solicit written opinions from owners of hydropower works and Departments of Industry and Trade of relevant provinces on impacts of projects and operations requesting licenses regarding hydropower works and request organizations and individuals to adopt measures to ensure the safety of hydropower works and reservoirs as per regulation.

3. When implementing operations in the protection scope of hydropower works and reservoirs, organizations and individuals shall comply with the regulations on the safety of hydropower works and reservoirs, issue written notices to organizations managing and operating hydropower works of the operations in the protection scope of hydropower works, and cooperate with organizations managing and operating hydropower works in the operation of hydropower reservoirs.

4. Works existing in the protection scope of hydropower works that do not affect the safety or serving capacity of hydropower works may be used without being expanded in terms of scale.

5. Regarding works existing in the protection scope of hydropower works that affect the safety or serving capacity of hydropower works, adopt remedial measures upon requests from local state authorities; where it is impossible to adopt remedial measures, demolish or relocate such works.

Article 50. Hydropower work operation database system

1. The State shall ensure the operational funding for the hydropower work operation database system for managing, operating, updating, and utilizing hydropower information nationwide.

2. Fundamental compositions of the system:

a) Technical infrastructures of information and technology being the system of equipment serving the production, transmission, collection, handling, storage, and exchange of digital information, including the Internet, computer networks, calculation devices (servers and workstations), network connection devices, safety and security devices, peripherals, and auxiliary devices;

b) The hydropower work operation database includes the following key information: primary technical parameters of hydropower works; water levels of reservoirs and the downstream water levels behind dams; discharge rate through plants; discharge rate through spillways; and discharge rate of the minimum water flow.

c) Software of the hydropower work operation database system.

3. Utilization and use of hydropower information and data

a) The utilization and use of hydropower information and data shall comply with information access laws and relevant laws;

b) The agency managing and operating the hydropower work operation database system shall decide on the authorization of the utilization of use of the system;

c) The agency managing the hydropower work operation database system shall not share or provide information affecting national security, trading secrets of enterprises, and personal information of users, excluding cases where such actions serve the investigation or verification for handling of law violations and the state management of competent authorities.

4. Responsibilities for developing, managing, maintaining, and operating the hydropower work operation database system.

a) The Ministry of Industry and Trade of Vietnam shall develop the infrastructures and operate the hydropower work operation database system; manage data and sharing and utilize the database; investigate, collect, summarize, and update hydropower information and data; instruct relevant agencies and organizations to provide data and data lists for state authorities to utilize and use; manage, use, and provide data by data sharing levels; ensure the funding for developing, upgrading, and operating the hydropower work operation database system from the annual state budget and other legal capital sources according to the law;

b) Departments of Industry and Trade of provinces and relevant agencies and units shall provide, share, and update hydropower information and data according to this Decree to the hydropower work operation database system;

c) Units managing and operating hydropower works shall update information and figures on the operation of hydropower works to the hydropower work operation database system;

d) The Ministry of Industry and Trade of Vietnam shall cooperate with the Ministry of Agriculture and Environment in gradually integrating the hydropower work operation database system into the national water resources database system for general use for the state management of hydropower, water resources, irrigation, and natural disaster preparation and management.

5. The Minister of Industry and Trade of Vietnam shall stipulate the management, operation, and use of the hydropower work operation database system.

Chapter VI

IMPLEMENTATION

Article 51. State management responsibility concerning protection of electricity works and safety in electricity field

1. The Ministry of Industry and Trade of Vietnam shall:

a) Promulgate under its jurisdiction or request competent authorities to promulgate and organize the implementation of plans, policies, and legislative documents on electricity work protection, electrical safety, and hydropower work safety;

b) Take charge and cooperate with ministries and central and local authorities in implementing the state management of electricity work protection, electrical safety, and hydropower work safety;

c) Appraise and approve hydropower reservoir operation procedures and schemes to protect hydropower dams and reservoirs under its jurisdiction;

d) Inspect compliance with electricity work protection, electrical safety, and hydropower work safety laws; detect and handle violations according to the law;

dd) Develop, manage, and operate the hydropower work operation database system;

e) Provide information, communications, and education to improve the community’s awareness of the safety of hydropower dams and reservoirs; implement the national program on safety in electricity use; provide advanced training and update knowledge of the safety management of hydropower dams and reservoirs;

g) Allocate annual funding from budget sources for the safety management of hydropower dams and reservoirs under its management according to this Decree and relevant laws.

2. The Ministry of Science and Technology of Vietnam shall take charge of the appraisal and announcement of national standards of electrical safety and hydropower work safety according to suggestions of the Ministry of Industry and Trade of Vietnam.

3. The Ministry of Construction of Vietnam shall develop, promulgate, or request competent authorities to promulgate national standards and national technical regulations on electrical systems in houses and works according to construction laws.

4. Ministries and ministerial agencies shall, within their scope of tasks and entitlements, cooperate with the Ministry of Industry and Trade of Vietnam in the state management of electricity work protection, electrical safety, and hydropower work safety.

5. People’s Committees of the provinces or centrally affiliated cities shall:

a) Implement the state management of the electricity work protection, electrical safety, and hydropower work safety in areas under their management;

b) Develop and promulgate regulations on safety management in electricity use; implement the national program on safety in electricity use;

c) Appraise, approve, or authorize state management authorities under their management to appraise and approve hydropower reservoir operation procedures, schemes to respond to emergencies, and schemes to protect hydropower dams and reservoirs according to their managing jurisdiction;

d) Develop and promulgate regulations on compensation and support for households and individuals with houses and works fall into the cases prescribed in Clauses 3 and 4 Article 15 of this Decree;

dd) Promptly detect, prevent, and handle cases of works constructed in a manner that illegally infringes on, appropriates, or uses the safety corridors of electrical grids or protection scope of construction items of electricity works;

e) Instruct, disseminate, universalize, and implement legislative documents on electricity work protection, electrical safety, and hydropower work safety in their areas;

g) Inspect and handle administrative violations against regulations on electricity work protection, electrical safety, and hydropower work safety in their areas;

h) Allocate monthly funding from local budget sources for the safety management of hydropower dams and reservoirs under its management according to this Decree and relevant laws;

l) Organize professional advanced training and update knowledge of the safety management of hydropower dams and reservoirs.

6. District-level People’s Committees shall:

a) Implement the state management of electricity work protection, electrical safety, and hydropower work safety according to their managing jurisdiction;

b) Appraise and approve hydropower reservoir operation procedures, schemes to respond to emergencies, and schemes to protect hydropower dams and reservoirs according to the authorization of the provincial People's committees.

Article 52. Transitional provision

1. Hydropower reservoir operation procedures, schemes to protect hydropower dams and reservoirs, and schemes to respond to emergencies approved before the effective date of this Decree shall be implemented until re-approval is required.

2. Hydropower reservoir operation procedures, schemes to protect hydropower dams and reservoirs, and schemes to respond to emergencies presented to authorities competent to approve before the effective date of this Decree shall be appraised and issued under Decree No. 114/2018/ND-CP dated September 4, 2018 of the Government of Vietnam.

3. Regarding small hydropower works with dams with a height of 5 m to under 10 m or reservoir capacity of 50.000 m³ to under 500.000 m³ that have been put into operation before the effective date of this Decree, owners of hydropower works shall formulate and present hydropower reservoir operation procedures, schemes to protect hydropower dams and reservoirs, and schemes to respond to emergencies to appraising and approving authorities within 2 years from the effective date of this Decree.

4. Regarding small hydropower works with dams with a height of under 5 m or reservoir capacity of under 50.000 m³, owners of hydropower works shall approve and assume responsibility for the operation procedures, schemes to protect dams, schemes to respond to emergencies, and measures to manage the safety of hydropower dams and reservoirs and downstream areas of dams in conformity with electricity laws and relevant laws.

5. Organizations and individuals implementing projects or engaging in production and trading in the protection scope of hydropower dams and reservoirs before the effective date of this Decree shall ensure compliance with the safety requirements for hydropower dams and reservoirs prescribed in Clause 1 Article 47 of this Decree for permission to continue their operations.

Article 53. Entry into force

1. This Decree comes into force from the date on which it is signed.

2. The following Decrees cease to have effect from the effective date of this Decree, including:

a) Decree No. 14/2014/ND-CP dated February 26, 2014 of the Government of Vietnam;

b) Decree No. 51/2020/ND-CP dated April 21, 2020 of the Government of Vietnam.

Article 54. Implementation

1. Ministries and provincial People’s Committees shall provide guidelines on the implementation of Articles and Clauses assigned in this Decree and review promulgated documents to make amendments or replacements in conformity with this Decree for them to take effect simultaneously with this Decree.

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of the People’s Committees of provinces, centrally affiliated cities, and relevant agencies, organizations, and individuals shall implement this Decree.

 

ON BEHALF OF THE GOVERNMENT PP. PRIME MINISTER DEPUTY PRIME MINISTER Bui Thanh Son

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