Thông tư 33/2008/TT-BNN

CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE DECREE NO.72/2007/ND-CP DATED MAY 07, 2007 OF THE GOVERNMENT ON DAM SAFETY MANAGEMENT

Pursuant to the Ordinance on Exploitation and Protection of Irrigation Works dated April 04, 2001;
Pursuant to the Decree No.01/2008/ND-CP dated January 03, 2008 of the Government stipulating functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Decree No.72/2007/ND-CP dated May 07, 2007 of the Government on dam safety management;
Pursuant to the Decree No.16/2005/ND-CP dated February 07, 2005 of the Government on works construction investment management;
Pursuant to the Decree No.209/2004/ND-CP dated December 16, 2004 of the Government on works construction quality management;
The Ministry of Agriculture and Rural Development  guiding the implementation and detailing a number of articles under the Government’s Decree on dam safety management as follows:

I. REGISTRATION OF DAM SAFETY

The registration of dam safety is under responsibility of dam owners stipulated in clause 3, Article 4 of the Decree on dam safety management.

1. Organizing to implement registration of dam safety

1.1. For the water reservoirs have just been put into use:

Within 30 days since the date of receiving the handling over for management, dam owners must conduct the registration of dam safety. The form of declaration may be received in the Irrigation and Water Management Office, Branches of Irrigation and Water Management under the Department of Agriculture and Rural Development or under the form posted in the website of the Ministry of Agriculture and Rural Development (www.mard.gov.vn).

1.2. For the reservoirs which are being exploited:

a. The provincial People’s Committees takes responsibility for organizing the registration of dam safety. The Department of Agriculture and Rural Development is the standing agencies to help the provincial People’s Committees for deploying the following tasks:

- Organizing to grasp thoroughly the purposes of the declaration and registration of dam safety.

The declaration and registration of dam safety aims:

+ Helping the state management agencies on dam safety of all levels to make inventory, grasp accurately the number of existing dams in each region, locality and under the management scope of the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade; grasping generally on dam quality current status and dam management to take measures to consolidate and strengthen the state management on dam safety, to direct the ensuring of dam safety in flood, rainy season.

+ Helping dam owners to consolidate and strengthen the dam safety management through the review, declaration to recognize the collective current state of dam quality and dam management, to raise awareness on the responsibilities of dam owners for ensuring dam safety and the safety for the dam lowland areas, thereby creating favorable conditions for receiving help from the state management agency on dam safety in accordance with current regulations.

+ Setting up and enhancing relationship between dam owners with the state management agencies on dam safety, raising effect to execute lawfulness and management efficiency.

- Supplying and guiding dam owners to declare in the Declaration of dam safety management.

- Urging dam owners to declare, hand in the Declaration.

- Receiving the Declaration.

- Synthesizing results, making reports to submit to the provincial People's Committee, the Ministry of Agriculture and Rural Development, Ministry of Industry and Trade (for hydropower dams).

- Keeping as archives the Declarations.

b. Time limit for completing the registration of dam safety: 30/6/2008

2. Every year, the dam owners must make report on the current state of dam safety submitting to the local Department of Agriculture and Rural Development according to the contents and the time limit prescribed in Article 16 of the Decree No.72/2007/ND-CP May 07, 2007 of the Government on the management of dam safety. The Department of Agriculture and Rural Development is responsible for synthesizing and making reports to the provincial People's Committee, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade (for hydropower dams), and keeping record as prescribed.

3. Funds for the dam safety registration are allocated from the capital source of local business budget and other funds under the current regulations.

II. INSPECTION, CERTIFICATION OF DAM CONSTRUCTION QUALITY ASSURANCE

1. The inspection, certification of dam construction quality assurance aims to help the competent state management agencies based on to consider, decide dam acceptance test to put into exploitation, use according to Article 8 of the Decree No.72/2007/ND-CP dated May 07, 2007 of the Government on dam safety management.

2. Dams which have just built and dams which are being exploited after being invested to recover, repair, upgrade must conduct the inspection and certification to ensure quality prior to consideration for acceptance, putting into exploitation, use.

3. Contents of inspection, certification include:

a. The suitability on the target to exploit the reservoir upon irrigation and water management planning approved by the competent authorities.

b. The compliance with regulations on quality management of topography inspection, surveys, geology, meteorology, hydrology, work current status (for dams to be repaired, upgraded).

c. The compliance with regulations on quality management of construction design.

d. The compliance with regulations on work building management.

e. The compliance with other regulations of law relating to work quality.

4. The competent state management agencies decide on the acceptance of dams handing over to the subordinate specialized agencies on the management of dam safety or appointing the consultancy unit that registered activities of appropriate certification for dam construction quality to perform the inspection and certification according to the mentioned above contents (except for the consultancy units being the design contractors, project supervision); deciding the handling after the inspection for the contents examined or the cases that dam does not guarantee the requirements of quality.

5. Dam construction investors and the units of consulting survey, consulting to establish investment projects, consulting to establish technical designs, construction contractors, construction supervision unit are responsible for making reports and providing information and documentation to the units that are assigned the duties to inspect and certify the quality of dam construction; take responsibility before law for the information and documents supplied by their own for inspection to ensure transparency, truthfulness, accuracy, objective.

6. Funds to carry out the inspection are included in the work acceptance costs in the total cost estimation of the project according to the regulations on investment management of current construction.

7. Time limit to inspect and certification to ensure quality of dam construction does not exceed 30 days since the date of receipt of valid dossier.

III. TESTING FOR DAM SAFETY

1. Requirements on capability of dam safety testing consultancy are stipulated as follows:

a. Dam safety testing consultancy organizations must be the organizations having legal entity status, registered to practice as irrigation works design consultancy.

b. It must meet the condition on capability of the dam, reservoir design consultancy organization as specified in Article 61 of Decree of the Government on management of works construction investment projects No.16/2005/ND-CP dated 07/02/2005, in line with levels of dams, reservoirs stipulated in Annex I on decentralization of construction work types, together with the Decree No.209/2004/ND-CP dated 16/12/2004 of Government on management of works construction quality. Where there are inconsistencies between the level of works selected by reservoir capacity and level of works selected by the dam height, the level of works which is higher between the two results shall be selected.

2. Implementation organization.

a. The state management agencies on dam safety that are decentralized and assigned tasks in Article 24 of the Decree No.72/2007/ND-CP dated May 07, 2007 of the Government on dam safety management based on the duration of exploiting, using dams and dam safety current state decide on plan of testing dams within their scope of management; annually, before the day of 31^st October, notify to dam owners to prepare documents, reports, fund plan and conduct the selection of testing consultancy;

b. After receiving notice of the competent state management agencies on dam safety testing, dam owners must implement their tasks upon order as follows:

- Making outline, testing cost estimation submitting to the competent state management agencies for approval. The outline must be stated clearly the target, requirements, detail contents, method, time to conduct the testing. Cost estimation must provide fully of funds for estimated tasks according to regime, current norms.

- Making funds plans.

- Selecting and concluding contracts with testing consultancy that meets capacity requirements as prescribed.

- Making report to evaluate the dam safety management. The report contains the following main contents:

+ Setting up and promulgating documents, regulations related to dam safety management includes:

Process of regulating water of the reservoirs.

Regulations on operating valve gate of dam works.

Book of monitoring operation of valve gates of the dam works

Regulations on contents and regime of dam repair, maintenance.

+ Evaluating results of implementing the above referred regulations.

+ Results of dam observation (together the observational documents have been corrected).

+ Evaluating the periodic inspection before and after the flood season (together with a report submitting to the competent state management agency); flood prevention works in; flood, storm prevention and combat at site.

+ The inspection, detection and remedies during the process of dam management.

+ Conclusions stating valuation on the dam safety management and valuation of dam owners on dam safety.

+ Preparing the relative necessary documents for the testing consultants to conduct their tasks.

- Organizing for the consultants to conduct the testing of dam safety upon the outline has been approved.

- Making record of testing result reports together with the evaluation of testing consultancy submitting to the competent state management agencies for consideration and approval.

IV. MAKING PLANS OF FLOOD PREVENTION AND COMBAT FOR THE DAM LOWLAND AREA.

1. Dam owners make the plans of flood prevention and combat for the dam lowland areas submitting to the provincial People's Committees where manage the flood affected area for approval; to actively cope with flood situations of emergency flood discharge and broken dam situations.

2. Depending on the specific nature of reservoirs, dams, dam owners need to built the practical plans to actively cope with and cope effectively with the worse situations may happen.

Purpose of the plan aims:

a. Defining or expecting flash floods route and flood scope when the incidents take place.

b. Formulating the plan to protect, prevent or mitigate damages to residential areas, economic establishments, security, defense.

c. Setting the plan of evacuating residents promptly, thoroughly, ensuring people’s lives.

3. Contents of the plans need mention the following issues:

a. Expecting situations:

Based on characteristic on the geographic location of works, materials, dam structures, dam foundation characteristic, the current state of the dam quality, flood discharge capacity of the reservoir, characteristic on economy, security and national defense of the dam lowland areas, the situations required to set the plans of handling.

For the situations coping with big flood, there are three cases need to be considered to set the plan, including:

- Where the flood discharge tested through the permanent flood works.

- Where the flood discharge capacity of the reservoir does not meet the current dam design standards, dam break situation are calculated with the designed flood.

- Where the flood discharge capacity of the reservoir meets the current dam design standards, dam break situation are calculated with the examined flood.

b. Defining or expecting flash flood route and flood scope upon the situations.

The determination of flood route and the scope of flood is a complex task, generally it must performed by specialized consultancy on the basis of calculating flood and flood wave caused by dam break, topography materials, materials of river bed etc ... When having no yet conditions to define and calculate specifically, it should be expected the flash flood based on the regional map documents and investigation, research at scenery to determine

c. Listing objects to be affected, affected rate according to different situations.

d. Proposing the proactive plans of prevention, handling, damage mitigation and remedy of consequences, including advance preparation work when the situations have not occurred yet like additional dyke construction, road of evacuation, rescue, equipping means of media, whistle, alarm v.v.

e. Plan of resident evacuation: evacuation direction, forces, means to assist people to evacuate, the logistical ensuring task during the evacuation time …

f. Expecting to organize the implementation of evacuation:

In order to organize the implementation of plan, it needs to have the specific regulations on the following issues:

- Regime of communications, report of reservoir situation of dam owners to the Steering Committee of flood, storm prevention and combat at higher level.

- On duty task at dam and at the Steering Committee of flood, storm prevention and combat at all levels.

- Competence to decide on evacuation (command to prepare, command to act).

- Responsibility of local authorities for organizing the evacuation

- Command for alarming situations.

- Organizing to rescue.

4. After the plan is approved, annually before entering the flood, rainy season:

a. Dam owners must preside over and coordinate with the localities expected to be affected by flood to add, update the necessary information.

b. Presidents of People's Committees of districts, communes expected to be affected by flood must update, embody the plan, assign to organizations and individuals taking responsibility for each job. To supervise, urge the preparation work at the local, establishments; spread, grasp thoroughly to people for performance.

5. Funds for formulating the plan of flood, storm prevention and combat of dam lowland areas paid by dam owners on the basis of the plan of spending the annual budget for the management of irrigation works and other funding sources in accordance with the current regulations.

V. EFFECT

During the course of implementation, if any difficulties, troubles arise, organizations, individuals reflect promptly to the Ministry of Agriculture and Rural Development for research, guidance and supplementation.

This Circular is applied to all reservoirs within the scope of the whole nation and takes effect 15 days after its publication in the official Gazette.