Thông tư liên tịch 11/1997/TTLT/NN-CN

INTER-MINISTERIAL CIRCULAR

GUIDING THE STATE MANAGEMENT OF UNDERGROUND WATER RESOURCES

Pursuant to Decree No. 73-CP of November 01, 1995 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Decree No. 74-CP of November 01, 1995 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry;
Proceeding from Directive No. 487-TTg of July 30, 1996 of the Prime Minister on enhancing the State management of water resources;
Proceeding from Document No. 5073-KTN of October 08, 1996 of the Office of the Government notifying the Prime Minister’s opinion on transferring the task of the State management of water resources from the Ministry of Industry to the Ministry of Agriculture and Rural Development;
The Ministry of Agriculture and Rural Development and the Ministry of Industry jointly provide the guidance on the following contents of the State management of underground water resources:

I. CONTENTS OF STATE MANAGEMENT OF UNDERGROUND WATER RESOURCES

1. Formulation of the national strategy and policy, overall planning, plans and programs for the basic survey, prospection, exploitation, utilization, management, development and protection of underground water resources.

2. Elaboration of legal documents, regulations and standards on underground water.

3. Collection of data for setting up a data bank for underground water resources and registration of underground water exploitation projects.

4. Regulation and distribution of underground water.

5. Evaluation and approval of underground water propspection projects and reports.

6. Granting, adjustment and revocation of underground water prospection and exploitation permits.

7. Supervision, inspection and handling of violations in the prospection, exploitation, utilization and protection of underground water resources and the environment as prescribed by law.

8. Resolution of disputes, complaints and legal proceedings related to the right to prospection, exploitation and utilization of underground water.

9. International cooperation in the basic survey, prospection, exploitation, utilization, management and protection of underground water resources; implementation of international agreements on underground water resources which Vietnam has signed or acceded to.

10. Community-based popularization and education on the protection, exploitation and utilization of underground water resources.

II. RESPONSIBILITIES AND RELATIONSHIP BETWEEN THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT AND THE MINISTRY OF INDUSTRY IN THE MANAGEMENT OF UNDERGROUND WATER RESOURCES

1. Responsibilities:

1.1. The Ministry of Agriculture and Rural Development:

- The Ministry of Agriculture and Rural Development shall perform the task of unified State management of underground water resources according to the contents stated in Part I above from November 01, 1997 (excluding the basic geological survey, the national observation of underground water movement and State management of natural spa and thermal water).

- The Water and Irrigation Works Management Department shall assist the Ministry of Agriculture and Rural Development in performing the function of State management over the underground water resources, receiving dossiers and organizing the evaluation of the prospection, exploitation and drilling of underground water before submitting these dossiers to the Minister for decision or deciding them if so authorized by the Minister.

1.2. The Ministry of Industry:

- The Ministry of Industry shall conduct the basic geological survey of underground water according to the State plan, organize the national observation network of underground water movement, coordinate with the Ministry of Agriculture and Rural Development and the People’s Committees of the provinces and cities directly under the Central Government in drawing up the overall planning on the exploitation, utilization and protection of underground water resources; perform the State management of natural spa and thermal water and basic geological survey of underground water resources.

- The Vietnam Department of Geology and Minerals shall assist the Ministry of Industry in performing the State management of the basic geological survey of underground water and national observation of underground water movement, of natural spa and thermal water.

2. Relationship between the Ministry of Agriculture and Rural Development and the Ministry of Industry:

2.1. Regarding the basic geological survey of underground water resources:

- Annually, the Ministry of Agriculture and Rural Development shall propose the requirements and plan for the basic geological survey and the plan for the underground water movement observation to the Ministry of Industry so that the latter can sum up and make a plan for submission to the Government for consideration and approval.

- The Ministry of Industry shall assume the prime responsibility and coordinate with the Ministry of Agriculture and Rural Development in considering and approving the plans and reports on the basic geological survey of underground water and observation of underground water movement.

- The Ministry of Industry shall provide documents on the annual basic geological survey and observation f underground water movement observation and necessary appendices in service of the underground water management at the request of the Ministry of Agriculture and Rural Development in accordance with the Regulation on the hand-over and supply of geological and mineral materials issued together with Decision No. 127/QD-DCKS of January 16, 1997 of the Minister of Industry.

- In the areas where underground water exploitation is concentrated or where the existing economic activities affect the quality and reserves of underground water, in addition to the national underground water movement observation network, the Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the Ministry of Industry, the Ministry of Science, Technology and Environment and relevant agencies in making a proposal on the development of a specialized underground water observation network and submit it to the Prime Minister for approval.

2.2. Regarding the regulation, distribution and planning of the exploitation of underground water:

The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the concerned localities and agencies in determining the exploitable underground water reserve, in regulating and making plans on the exploitation, utilization, protection and artificial addition of underground water in the river basins, territorial areas or areas with complicated geological and hydrological structure and great demand of water exploitation and submit them to the Prime Minister for approval or approve them according to its competence and organize the supervision of their implementation.

2.3. The Ministry of Agriculture and Rural Development and the Ministry of Industry shall regularly inform each other of the information on the situation of underground water survey, prospection, exploitation, utilization, management and protection.

III. RESPONSIBILITIES OF THE PROVINCIAL/MUNICIPAL SERVICES OF AGRICULTURE AND RURAL DEVELOPMENT IN THE MANAGEMENT OF UNDERGROUND WATER RESOURCES

1. The provincial/municipal Services of Agriculture and Rural Development shall have to assist the People’s Committees of the provinces and cities directly under the Central Government in performing the State management of underground water resources, participating in the consideration and approval of socio-economic development projects related to the exploitation, utilization and protection of underground water resources in their localities.

2. The provincial/municipal Services of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the relevant agencies in drawing up an overall planning on the prospection, exploitation, utilization and protection of underground water in the river basins or areas within their respective provinces and cities under the guidance of the Ministry of Agriculture and Rural Development and submit it to the provincial/municipal People’s Committees for approval.

3. The provincial/municipal Services of Agriculture and Rural Development shall execute Decision No. 357 NN-QLN/QD of March 13, 1997 of the Minister of Agriculture and Rural Development, be responsible for managing, supervising and inspecting the underground water prospection and exploitation drillings, especially ensuring strict management of private drilling groups in accordance with the Provisional Regulation on the granting of permits for the underground water prospection, exploitation and drilling operations and the registration of underground water exploitation works.

IV. ORGANIZATION OF IMPLEMENTATION

1. At central level:

The Water and Irrigation Works Management Department under the Ministry of Agriculture and Rural Development and the Vietnam Department of Geology and Minerals under the Ministry of Industry shall be responsible to these two Ministries for implementing the contents stated in Section II of this Circular.

2. At local level:

- The People’s Committees of the provinces and cities directly under the Central Government shall have to perform the State management of underground water resources in their respective localities.

- The provincial/municipal Industrial Services shall have to transfer the task of State management of underground water resources as well as underground water prospection and exploitation records and documents and the granting of underground water exploitation permits to the provincial/municipal Services of Agriculture and Rural Development.

3. Effect of implementation:

- This Circular takes effect 15 days from the date of its issue. All earlier provisions which are contrary to this Circular are now annulled.

In the course of implementation of this Circular, any arising problem that needs adjustment or supplement shall be reported in writing by the implementing agency to the two ministries for consideration and settlement.