Chương III Nghị định 67/2018/NĐ-CP: Quy định về năng lực của tổ chức, cá nhân khai thác công trình thủy lợi

Chapter III

REGULATORY PROVISIONS REGARDING COMPETENCE AND QUALIFICATION REQUIREMENTS OF ENTITIES AND PERSONS OPERATING AND MANAGING IRRIGATION AND HYDRAULIC PROJECTS

Article 6. General requirements of entities or persons operating and managing irrigation and hydraulic projects

1. As an enterprise, it must hold the Business Registration Certificate.

2. Local irrigation entities must conform to the following requirements:

a) Their internal rules or statutes must be accredited by competent authorities in accordance with the Law on Cooperatives, the Civil Code and other relevant regulatory provisions;

b) They must keep their own machinery in place and hire operators meeting professional qualification requirements prescribed herein, and adaptable to technical specifications or measurements of the irrigation and hydraulic projects under their mandate.

3. Persons operating and managing irrigation and hydraulic projects must meet the following requirements:

a) They must have full capacity for performing civil acts in accordance with law and be responsible for their assigned duties;

b) They must hold academic degrees or certificates of completion of training courses according to engineering requirements of irrigation and hydraulic projects that they are authorized to operate or manage.

4. Hiring and placement of personnel, installation and provision of equipment needed for operation and management of small irrigation and hydraulic projects must adhere to the safety and efficiency principles and conform to regulatory provisions in force.

Article 7. Requirements of specialized divisions of irrigation project operating and managing enterprises

1. An irrigation project operating and managing enterprise must be structured into the following divisions:

a) Division in charge of irrigation and hydraulic projects;

b) Division in charge of water resources;

c) Division in charge of economic issues.

2. In addition to those prescribed in clause 1 of this Article, an enterprise conducting other service business must keep a division in charge of such business in place.

3. Specialized divisions referred to in clause 1 of this Article must employ 70% of personnel obtaining at least undergraduate degrees in the relevant majors.

Article 8. Minimum competence and qualification requirements of entities and persons operating and managing dams and reservoirs

1. Each dam or reservoir of critical importance must be operated and managed by 07 engineers trained in the irrigation and hydraulics major, including at least 02 of them gaining at least 05 years' experience in management and operation of dams or reservoirs; obtaining certificates of completion of training courses in dam management.

2. For large dams and reservoirs:

a) The reservoir having the water carrying capacity of at least 50,000,000 m³ must be operated and managed by 05 engineers trained in the irrigation and hydraulics major, including at least 02 of them gaining at least 05 years' experience in management and operation of dams or reservoirs; obtaining certificates of completion of training courses in dam management.

b) The reservoir having the water carrying capacity ranging from 10,000,000 m³ to under 50,000,000 m³ must be operated and managed by 03 engineers trained in the irrigation and hydraulics major, including at least one of them gaining at least 05 years' experience in management and operation of dams or reservoirs; graduating from certificates of completion of training courses in dam management;

c) The reservoir having the water carrying capacity ranging from 3,000,000 m³ to under 10,000,000 m³ must be operated and managed by 02 engineers trained in the irrigation and hydraulics major, including at least one of them gaining at least 03 years' experience in management and operation of dams or reservoirs; graduating from certificates of completion of training courses in dam management.

3. For medium dams and reservoirs:

a) The reservoir having the water carrying capacity ranging from 1,000,000 m³ to under 3,000,000 m³ must be operated and managed by 01 engineer trained in the irrigation and hydraulics major and/or 01 graduate from the college diploma in that major who has gained at least one-year experience in management and operation of dams or reservoirs; graduating from the certificate of completion of training course in dam management;

b) The reservoir having the water carrying capacity ranging from 500,000 m³ to under 1,000,000 m³ must be operated and managed by 01 graduate from the college diploma in the irrigation and hydraulics major who has obtained the certificate of completion of training course in dam management.

4. For small dams and reservoirs:

a) The reservoir having the water carrying capacity ranging from 200,000 m³ to under 500,000 m³ must be operated and managed by 01 graduate from the irrigation and hydraulics certificate program who has obtained the certificate of completion of training course in dam management;

b) The reservoir having the water carrying capacity ranging from 50,000 m³ to under 200,000 m³ must be operated and managed by 01 graduate from the high school education program or 01 worker graduating from certificate II or higher qualification who has obtained the certificate of completion of training course in dam management.

5. Penstocks and flood overflow must be run by workers graduating from certificates of completion of training courses in culvert and overflow management organized by accredited agencies and training establishments having relevant competence.

6. During the flood discharge period, flood overflow at reservoirs with electric sluice gates must be operated and managed by workers graduating from electricity certificates IV that are employed by irrigation and hydraulic project management bodies at headworks.

Article 9. Minimum competence and qualification requirements of entities and persons operating and managing stationary electrical pumping stations

1. Electrical pumping stations fitted with pumps, each of which has the minimum capacity of 11,000 m³/h:

a) The pumping station fitted with at least 09 pump units must be run by 03 engineers trained in the irrigation and hydraulics major; 01 electromechanics engineer; 10 graduates from electromechanics or hydraulics certificate programs who have gained at least 05 years’ experience in pump management and operation;

b) The pumping station fitted with the number of pump units ranging between 04 and 09 pump units must be run by 01 engineer trained in the irrigation and hydraulics major; 01 electromechanics engineer; 06 graduates from electromechanics or hydraulics certificate programs who have gained at least 03 years’ experience in pump management and operation;

c) The pumping station fitted with 03 pump units at maximum must be run by 01 engineer trained in the irrigation and hydraulics or electromechanics major; 03 graduates from electromechanics or hydraulics certificate programs who have gained at least 03 years’ experience in pump management and operation.

2. Electrical pumping stations fitted with pumps, each of which has the capacity ranging between 9,000 m³/h and below 11,000 m³/h:

a) The pumping station fitted with at least 09 pump units must be run by 01 engineer trained in the irrigation and hydraulics major; 01 engineer trained in the electromechanics major; 07 graduates from electromechanics or hydraulics certificate programs who have gained at least 03 years’ experience in pump management and operation.

In case of increase by 04 pump units, one more certificate program graduate must be employed to run them; in case of increase by 05 pump units, one more engineer graduated from the irrigation and hydraulics major must be employed to run them;

b) The pumping station fitted with the number of pump units ranging between 04 and 09 must be run by 01 engineer trained in the irrigation and hydraulics or electromechanics major; 05 graduates from electromechanics or hydraulics certificate programs who have gained at least 03 years’ experience in pump management and operation;

c) The pumping station fitted with 3 pump units at maximum must be run by 01 graduate from the college diploma in the hydraulics or electromechanics major; 03 graduates from electromechanics or hydraulics certificate programs who have gained at least 03 years’ experience in pump management and operation.

3. Electrical pumping stations fitted with pumps, each of which has the capacity ranging between 4,000 m³/h and below 8,000 m³/h:

a) The pumping station fitted with 09 pump units at minimum must be run by 01 engineer trained in the irrigation and hydraulics major; 02 graduates from the college diploma or higher qualification and 05 graduates from the electromechanics or irrigation and hydraulics certificate program who have gained at least 03 years’ experience in pump management and operation.

In case of increase by 05 pump units, one more certificate program graduate must be employed to run them; in case of increase by 10 pump units, one more engineer graduated from the irrigation and hydraulics or electromechanics major must be employed to run them;

b) The pumping station fitted with the number of pump units ranging between 04 and 09 must be run by 01 graduate from the college diploma or higher qualification in the irrigation and hydraulics or electromechanics major; 03 graduates from electromechanics or hydraulics certificate programs, including at least 01 graduate from the electromechanics certificate program who has gained at least 03 years’ experience in pump management and operation;

c) The pumping station fitted with 03 pump units at maximum must be run by 02 graduates from the irrigation and hydraulics or electromechanics certificate program, including at least 01 graduate from the electromechanics certificate program who has gained at least 03 years’ experience in pump management and operation.

4. Electrical pumping stations fitted with pumps, each of which has the capacity ranging between 1,000 m³/h and below 4,000 m³/h:

a) The pumping station fitted with a minimum of 15 pump units must be run by 01 engineer trained in the irrigation and hydraulics major or 01 engineer in the electromechanics major; 03 graduates from the electromechanics or hydraulics certificate program, including at least 02 graduates from the electromechanics certificate program who have gained at least 03 years’ experience in pump management and operation.

In case of increase by 5 pump units, one more certificate program graduate must be employed to run them; in case of increase by 10 pump units, one more engineer graduated from the irrigation and hydraulics or electromechanics major must be employed to run them;

b) The pumping station fitted with the number of pump units ranging between 10 and 15 must be run by 01 graduate from the college diploma in the irrigation and hydraulics or electromechanics major; 02 graduates from the certificate or higher qualification program who have gained at least 03 years’ experience in pump management and operation;

c) The pumping station fitted with the number of pump units ranging between 04 and 10 must be run by 02 graduates from the irrigation and hydraulics or electromechanics certificate program, including at least 01 graduate from the electromechanics certificate program who has gained at least 03 years’ experience in pump management and operation;

d) The pumping station fitted with a maximum of 03 pump units must be run by 01 graduate from the irrigation and hydraulics or electromechanics certificate program who has gained at least 03 years’ experience in pump management and operation.

5. Electrical pumping stations fitted with pumps, each of which has the capacity ranging between 540 m³/h and below 1,000 m³/h:

a) The pumping station fitted with the number of pump units ranging between 02 and 05 must be run by 01 high school graduate who is required to participate in 01 training course in operation and management of irrigation and hydraulic projects and has gained at least 03 years' experience in pump operation and management;

b) The pumping station fitted with more than 05 pump units must be run by 01 worker operating the electrical pump who has graduated from technician training courses lasting from 03 to 06 months. The pumping station fitted with a minimum of 07 pump units must be run by 01 graduate from the irrigation and hydraulics or electromechanics certificate program who has gained at least 03 years’ experience in pump management and operation.

Article 10. Minimum competence and qualification requirements of entities and persons operating and managing culvert headworks and water conveyance systems

1. For special-grade, grade-I and grade-II dyke culverts; electric large-river tidal barriers:

a) Each special-grade, grade-I and grade-II dyke culvert; each electric large-river tidal barrier must be operated and managed by 01 engineer trained in the irrigation and hydraulics major, or 01 electromechanics engineer; 01 graduate from the electromechanics certificate program at the headwork who has gained at least 03 years’ experience in management and operation of culverts and tide surge barriers;

b) Carrying out regulatory provisions of law on dykes.

2. For other types of culvert with the minimum floodgate width of 0.5 m; irrigation canals, ditches, flumes, watercourses, tunnels, canal bridges having the minimum water carrying capacity of 0,3 m³/s or the minimum bed width of 0.5 m; pipelines having the minimum water carrying capacity of 0,02 m³/s or the minimum pipe diameter of 150 mm, personnel shall be engaged according to the size and goals of each structure to ensure that they are trained in relevant majors or have appropriate qualification; are subject to the minimum requirement concerning graduation from high school and obtain certificates of completion of training courses in hydraulic and irrigation project operation and management.

Article 11. Training in management and operation of hydraulic and irrigation projects

1. Training establishments having appropriate functions, duties and expertise are permitted to provide training or re-training courses in improvement of knowledge, skills and competencies for operators of hydraulic projects and dams.

2. The Ministry of Agriculture and Rural Development shall formulate and adopt framework plans, curriculums and syllabuses that educational institutions, training establishments and local authorities can use in training courses or programs in management and operation of hydraulic structures or projects.

Article 12. Responsibilities for compliance with competency requirements for operation and management of hydraulic or irrigation structures or projects

1. Entities and persons engaged in operating and managing hydraulic and irrigation projects must have capacity according to the size and technical specifications of projects in accordance with this Decree; must bear legal liability for consequences and loss or damage caused by failure to satisfy competence requirements.

2. Every five years, persons directly performing the task of managing and operating hydraulic and irrigation projects, managing dams and reservoirs must attend training courses on improvement of competencies in managing and operating hydraulic and irrigation projects, dams or reservoirs.

3. For entities authorized to operate various types of headwork, the number of executives and staff members designated to operate hydraulic and irrigation projects or structures subject to regulatory competence requirements must be increased accordingly.

4. In addition to conforming to competence requirements specified herein, entities and persons operating hydraulic and irrigation structures or projects that are engaged in other production and business sectors must ensure compliance with competence requirements to be applied to these sectors in accordance with regulatory provisions of relevant law.

5. Specialized state agencies in charge of irrigation and hydraulics shall inspect and supervise compliance with competence regulations to be applied to operators of hydraulic and irrigation projects and structures in accordance with this Decree.