Luật 17/2012/QH13

Luật tài nguyên nước 2012 số 17/2012/QH13

Nội dung toàn văn Law No. 17/2012/QH13 on water resources

THE NATIONAL ASSEMBLY -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
Law No. 17/2012/QH13	Hanoi, June 21, 2012

LAW

ON WATER RESOURCES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates Law on water resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides on management, protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water in the territory of the Socialist Republic of Vietnam.

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Article 2. Interpretation of terms

In this Law, the below terms are construed as follows:

1. Water resources include underground water, surface water, rain water and sea water in territory of the Socialist Republic of Vietnam.

2. Water sources mean accumulation shapes of natural or artificial water which may exploit, use, including rivers, springs, canals, ditches, lakes, ponds, lagoons, seas, underground aquifers; rain, ice, snow and other.

3. Surface water means water existing on surface mainland or islands.

4. Underground water means water existing in underground aquifers.

5. Inter-provincial water sources mean water sources being allocated on area of 02 or more provinces or centrally-affiliated cities.

6. Intra-provincial water sources mean water sources being allocated on area of 01 province or centrally-affiliated city.

7. Inter-country water sources mean water sources flowing from Vietnam’s territory through other country’s territory or vice versa or water sources on border line between Vietnam and neighbor country.

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River basin includes inter-provincial river basin and intra-provincial river basin.

9. Inter-provincial river basin means river basin on area of 02 or more provinces or centrally-affiliated cities.

10. Inter-provincial river basin means river basin on area of 01 province or centrally-affiliated city.

11. Living water means clean water or water that may use for eating, drinking, and hygiene of human.

12. Clean water means water with quality satisfying technical regulation on clean water of Vietnam.

13. Living water sources mean water sources that may supply living water or treated into living water.

14. Water source pollution means changes physical nature, chemical nature and biological component of water that are not suitable to permitted technical regulations and standards, cause bad effects to people and animals.

15. Water source deterioration means depletion on quantity, quality of water sources compared to natural state or to state of Water sources observed in pre-period.

16. Water source depletion means serious depletion on quantity of water sources, causing water sources fail to satisfying demand of exploitation, use and the aquatic ecology preservation.

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18. Minimum flow means the flow at the lowest level necessary for maintaining a river or river section, ensuring the normal development of aquatic ecology and the minimum level for water resource exploitation and use by water users.

19. Underground water exploitation threshold means limit permit to exploit underground water aiming to ensure not causing salinization, degradation, water source depletion, land subsidence, subsidence, bad impacts to surface water source and relevant environment.

20. Hygiene Protection Zone of area supplying living water means adjacent area of area supplying living water from water sources being defined for compulsory protection to prevent from, combat against the living water source pollution.

21. Function of water source means certain purposes of using water based on benefit values of water source.

22. Protection corridor of water source means the limited land part being along water source or surrounding it defined by competent state agencies.

Article 3. Principle of management, protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water

1. Management of water resources must ensure uniform with river basin, water sources, combining with management based on administrative area.

2. Water resources must be managed in general, uniform of water quantity and quality, between surface water and underground water; water on mainland and water on gate river area, internal waters, and territorial waters; between upstream and downstream, combining with management of other natural resources.

3. Protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water must comply with strategy, master plan on water resources have been approved by competent state management agencies; linked with environmental protection, protection of natural landscapes, historic - cultural vestiges, scenic places and other natural resources; assurance of national defense and security, social order and safety.

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5. Exploitation, use of water resources must be in saving, safety and effectiveness; ensure to synthetic use, for multiple objectives, be fair, reasonable, harmonious on benefit, equal on interests and duties among organizations, individuals.

6. Prevention of, combat against and overcoming of harmful effects caused by water must have active plan and measure; ensure harmonious combination of national benefits, regional benefits and branch benefits; combination between modern science and technology with traditional experiences of people and suitable to socio-economic conditions.

7. Master plan on protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water must contribute to develop society - economy and have measures ensuring life of inhabitants, national defense and security, protection of historic - cultural vestiges, scenic places and enviroment.

8. Master plans, plans. Programs, projects on development of society-economy, national defense and security must associate with water sources, water resource protection; ensure maintaining minimum flow on rivers not exceeding exploitation threshold with respect to aquifers and have measure ensuring life of inhabitants.

9. Assurance of territory sovereignty, national benefits, equality and reasonable in protection, exploitation, use and develoment of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water with respect to inter-country water sources.

Article 4. State’s policies on water resources

1. To ensure water resources being managed, protected, exploited, use resonablely, in saving and effectiveness, satisfying demand of socio-economic sustainable development and assurance of national defense and security.

2. To invest and organize basic survey, master plans on water resources; to build system of observation, overseeing water resources, information system, the water resource database, to improve capacity of forecast on water resources, pollution of water sources, floods, drought, salinization, sea-level rise and other harmful effects caused by water; to assist for development of water sources and development of infrastructure relating to water resources.

3. To prioritize to invest in research, explore, exploit water sources, have incentive policy for investment projects on water exploitation in order to solve living and production water for people in mountainous areas, areas of ethnic minority groups, border areas, inslands, areas in difficult socio-economic conditions, areas in extremely difficult socio-economic conditions, areas where fresh water is scarce.

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5. To ensure state budget for operations of basic survey, master plan on water resources, water resource protection, prevention of, combat against and overcoming of harmful effects caused by water.

Article 5. Dissemination and education of water resources

1. Ministries, ministerial-level agencies, People’s Committees at levels within their duties, powers shall coordinate with mass information agencies and training, educational facilities to disseminate, educate on water resources, guide people for implementing measures of water resource protection, use water in saving, effectiveness and comply with provisions of law on water resources.

2. The Vietnam Fatherland Front Central Committee and organizations being its member within their duties, powers shall coordinate with state management agencies of water resources to disseminate, mobilize People to participate in water resource protection, using water in saving, effectiveness and comply with provisions of law on water resources, supervising protection, exploitation, use of water resources, prevention of, combat against and overcoming of harmful effect caused by water.

Article 6. Taking opinions of inhabitant community and relevant organizations, individuals in exploitation, use of water resources, discharge of sewage into water sources

1. Organizations, individuals that invest projects in which include construction of works on exploitation and use of water resources or have operations of discharge of sewage into water sources affecting seriously to production and living of people in localities shall coordinate with local authorities to implement the following operations:

a) To take opinions of representative of inhabitant community and relevant organizations, individuals in areas influenced on project’ s contents relating to plan on exploitation, use of water resources, and discharge of sewage into water sources; to sum up, make reception, explanation and send enclosing dossier of project when submitting to competent state agencies to decide investment;

b) To publicity information on project’s contents relating to exploitation, use water resources, discharge of sewage into water sources and influences possible causing before implementation;

c) Funds to implement operations specified in this clause shall be paid by organizations, individuals investing in project.

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a) The relevant People’s Committee in communes, wards, towns (hereinafter referred to as the communal People’s Committee), People’s Committee in districts, provincial-affiliated towns, cities (hereinafter referred to as the district-level People’s Committee) for project with water transfer in intra-provincial river basin.

b) The relevant People’s Committee in provinces, centrally-affiliated cities (hereinafter referred to as the provincial People’s Committee) and river basin organization for project with water transfer not subject to case specified in point a, this clause.

3. If investment project build lake, dam on river in inter province river basin without water transfer, in addition to implement provisions in clause 1 of this article, before making investment project, the investor being organization or individual shall:

a) Collection opinions of the relevant provincial People’s Committees and river basin organization for scale, plan on proposal for construction of works on main flow;

b) To previous inform to the relevant provincial People’s Committees and river basin organization of scale, plan on proposal for construction of works on sub-flow;

4. The Government details collection of opinions and publicity of information specified in this article.

Article 7. List of river basins, list of water sources

1. List of river basins and list of water sources are basis in order to implement contents of water resource management in according to river basin, water sources.

2. List of river basins includes:

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b) The intra-provincial river basin;

3. List of water sources includes:

a) Inter-provincial water sources;

b) Intra-provincial water sources;

c) Inter-country water sources.

4. The Ministry of Natural Resources and Environment organizes making list of inter-provincial river basin to submit to the Prime Minister for promulgation; makes, promulgates list of intra-provincial river basin, list of inter-provincial water sources, inter-country water sources.

5. Provincial People’s Committees make, promulgate list of intra-provincial water sources in localities.

Article 8. Archival, use of water resource information

1. Archival of documents relating to water resources are sector-specialized archival and be implemented as prescribed by law on archival.

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3. Organizations, individuals using information on water resources must pay charge for using information as prescribed by law on charges, fees.

Article 9. The strictly prohibited acts

1. To discharge wastes, rubbish, discharge or leak toxic substances into water sources and other acts causing pollution, deterioration, depletion for water sources.

2. To discharge sewage, bring waste into Hygiene Protection Zone of area supplying living water, discharge sewage not yet processed or processed but not met technical regulations and standards into water sources.

3. To discharge toxic exhaust directly into water sources; to discharge sewage into soil through drilling wells, digging wells and other forms aiming to bring sewage into subterranean; have frauds in discharging sewage.

4. To put obstacles, built architecture works, to plant trees unlawfully obstructing flood drainage, water circulation in rivers, springs, lakes, cannels, ditches.

5. To exploit unlawfully sand, gravel on rivers, springs, canals, ditches, reservoirs; to exploit minerals, drill, dig, build houses, architecture objects, works and other acts in protection corridor of water sources causing landslide riversides, springs, canals, ditches, reservoirs or causing serious influence threatening stabilization, safety of rivers, springs, canals, ditches, reservoirs.

6. To destroy works for protection, exploitation, use, obversation, supervision of water resources, works for prevention of, combat against and overcoming of harmful effects caused by water.

7. To obstruct operation of water resource basic survey, the lawful right of exploitation, use of water resources of organizations, individuals.

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9. Not to obey process on operation of reservoirs, inter-reservoirs promulgated by competent state agencies.

10. To build reservoirs, dams, works exploiting water contrary to master plan on water resources.

Chapter II

BASIC SURVEY, STRATEGY, MASTER PLAN ON WATER RESOURCES

Section 1. BASIC SURVEY ON WATER RESOURCES

Article 10. The responsibility of State in basic survey on water resources

1. The basic survey on water resources must be implemented under master plan, plan approved by competent authorities.

Funds for basic survey on water resources shall be allocated in annual State budget estimates.

2. The Ministry of Natural Resources and Environment organizes making master plan on water resource basic survey to submit to the Prime Minister for approval

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Article 11. Master plan on water resource basic survey

1. Making master plan on water resource basic survey must ensure the following requirements:

a) To satisfy requirement on formulating strategy, master plan, plan on socio-economic development, national defense and security, regional planning, water resource strategy;

b) To make as basis for operation of water resource basic survey, servicing for planning on water resources.

2. Bases to make master plan on water resource basic survey include:

a) Strategy, master plan, plan on socio-economic development, national defense and security, regional planning, water resource strategy;

b) Result of implementing master plan on water resource basic survey of previous period.

3. Master plan on water resource basic survey includes the following main contents:

a) To identify requirements on information, figures regarding water resources, exploitation, use of water resources in whole country;

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c) To identify operations of water resource basic survey that need to execute for river basins, areas, water sources being implemented water resource basic survey in planning term;

d) To identify priority order of basic survey operation defined in point c, this clause;

e) Solutions, funds, plans and progress of implementation.

4. Period of master plan on water resource basic survey is 10 years, with vision to 20 years.

Article 12. Operation of basic survey on water resources

1. Basic survey on water resources includes the following operations:

a) Survey, assess on water resources;

b) Inventory of water resources periodically 05 year one time;

c) Survey of current status of exploitation, use of water resources, discharge of sewage, exhaust, other waste into water sources;

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dd) To set up and maintain systems warning, forecasting flood, drought, salinization, sea-level rise and other harmful effects caused by water;

e) To set up and maintain systems of information, database of water resources;

g) To formulate report on national water resources, report on water resources of central-affiliated cities and provinces, report on exploitation, use of water resources in branches, fields.

2. The content of survey, assessment of water resources specified in point a, clause 1 of this Article includes:

a) To make specific maps of river basins, specific maps of rivers, springs, lakes, lagoons and sea areas;

b) To make geological and hydrographic maps of aquifers, water containing structures and water containing complexes;

c) To assess quantity and quality of water sources; search underground water sources;

d) To make map of water resources, map of zoning based on quality of water sources, maps of specialized water resources;

dd) To assess situation on pollution, deterioration, depletion, saline infiltration of surface water sources, underground water, sea water pollution; classify water sources in according to extent of pollution, deterioration, depletion;

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g) To indentify Minimum flow in rivers, exploitation threshold for aquifers, water storing areas, areas need to prohibit or restrain water exploitation;

h) To assess, warn, forecast impact of climate changes over water resources, irregular happenings on quantity, quality of water sources and harmful effects caused by water;

i) To identify capacity to supplement underground water artificially.

Article 13. Organizing basic survey on water resources

1. The Ministry of Natural Resources and Environment shall:

a) To organize basic survey on water resources in nationwide;

b) To sum up results of basic survey on water resources from ministries, ministerial-level agencies and provincial People’s Committees;

c) To make and announce report on national water resources periodical 05 years one time, specialized report on water resources every year.

2. Ministries, ministerial-level agencies within their tasks, powers shall implement survey, make report on water use situation of branches, sectors and send to the Ministry of Natural Resources and Environment for summarization.

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4. The basic survey on water resources must implemented by units eligible of capability as prescribed by the Ministry of Natural Resources and Environment.

5. The Government details the water resource basic survey.

Section 2. STRATEGY, MASTER PLAN ON WATER RESOURCES

Article 14. Strategy on water resources

1. Making strategy on water resources must ensure the following principles and basis:

a) To be suitable to strategy, master plan, plan on national socio-economic development, national defense and security, regional planning;

b) To satisfy demand on use of water for living, production, sustainable development of society-economy, national defense and security; protection of water resources and effective prevention of, combat against harmfull affect caused by water; exploitation, use in saving, effectiveness of water resources;

c) Demand of use, capacity to satisfy of water sources and capacity of international cooperations, international treaties of which the Socialist Republic of Vietnam is a member;

d) Result of basic survey, forecast of water resources, forecast of impact from climate changes for water sources.

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a) Viewpoints, principles to direct, visions, objectives on protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water;

b) Orientations, tasks, and master solutions of protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water, schemes, projects priority to perform in each stage of period making strategy.

3. Strategy on water resources is formulated for period of 10 years, with vision of 20 years together with strategy period on socio-economic development.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with relevant ministries, ministerial-level agencies and provincial People’s Committees to make strategy on water resources to submit to the Prime Minister for approval.

Article 15. Master plan on water resources

1. Master plan on water resources includes:

a) The general master plan on water resources of whole country;

b) Master plan on water resources of inter-provincial river basin, inter-provincial water sources;

c) Master plan on water resources of central-affiliated cities and provinces.

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3. Period of master plan on water resources is 10 years, with vision to 20 years.

Article 16. Principle of making master plan on water resources

1. Making master plan on water resources must ensure the following principles:

a) To be suitable to strategy, master plan, plan on socio-economic development, national defense and security, regional planning, water resource strategy;

b) To link with master plan on land use and master plans of branches relating to exploitation, use of water resources, requirements on the environmental protection, protection of natural landscapes, historic - cultural vestiges, scenic places and other natural resources for sustainable development;

c) To ensure comprehensiveness between surface water and underground water, between exploitation, use of water resources and protection of water resources, prevention of, combat against and overcoming of harmful effect caused by water; ensure exploitation and use of water resources in saving, effectiveness and harmonious allocation of water use benefit among localities, branches, between upstream and downstream;

d) Assurance of publicity, having participation of community and relevant parties during the course of making master plan;

e) Master plan on water resources in inter-country river basin, inter-country water sources must be suitable to general master plan on water resources of whole country; master plan on water resources of central-affiliated cities and provinces must be suitable to general master plan on water resources of whole country and master plan on water resources in inter-country river basin, inter-country water sources.

2. Master plan on irrigation, hydro-power, water supply, domestic waterway transport and other master plans that have operation of exploitation, use of water resources made by Ministries, sectors and localities (hereinafter referred to as specialized master plans having exploitation, use of water resources) must suitable to master plan on water resources.

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1. Strategy, master plan, plan on national socio-economic development, national defense and security, master plan of regions, localities.

2. Strategy on water resources, demand on exploitation, use of water of branches, localities and the environmental protection.

3. Characteristic of nature, society-economy and specific conditions of each river basin, region, actual potential of water sources and forecast about influence of climate changes for water resources.

4. Result of basic survey on water resources

5. Norms, technical regulations and standards have been promulgated by competent agencies.

6. Provisions of International treaties of which the Socialist Republic of Vietnam is a member in case there is relation to inter-country water sources;

7. Task of master plan on water resources.

Article 18. Content of the general master plan on water resources of whole country

1. To assee generally on natural condition, socio-economic conditions, and environment, current status of water resources, status of exploitation, use, protection of water resources, prevention of, combat against and overcoming of harmful effects caused by water.

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3. To anticipate trend of changes in water resources, demand of exploitation, use of water for life of people and socio-economic development.

4. To identify objectives, tasks on management, regulation, distribution, exploitation, use and protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water.

5. To identify requirement of water transfer among river basins, to identify works that regulate, exploit, use water sources with big scale.

6. To identify priority order in making master plan for river basins, water sources.

7. Solutions, funds, plans and progress of implementation.

Article 19. Content of master plan on water resources of inter-provincial river basin, inter-provincial water sources and master plan on water resources of central-affiliated cities and provinces

Master plan on water resources includes one or many contents as follows:

1. Allocation of water sources;

a) To assess quantity, quality of water sources, current status of exploitation, use of water resources; forecast of trend for flow change, water level of aquifers, demand of water use

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c) To identify rate of allocation of water resources for subjects to exploit, use water, priority order and rate of allocation in case of drought, lack of water; to identify standby water sources to supply for living water when happening incident polluting water sources.

d) To identify system of water resource supervision, supervision of exploitation, use of water;

dd) To identify demand of water transfer among sub-basins, demand of water transfer with other river basins;

e) To identify works of regulation, exploitation, use and development of water resources.

g) Solutions, funds, plans and progress of implementation;

2. Protection of water resources:

a) To identify requirement on protection of water resources for operations on exploitation, use of water and aquatic ecologies;

b) To identify areas be polluted, deteriorated, depleted; to assess happenings on quality of water, zoning under water quality;

c) To identify construction works, measures of non-works to protect water sources, recover water sources being polluted, or deteriorated, depleted in order to assure of function of water sources;

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e) Solutions, funds, plans and progress of implementation;

3. Prevention of, combat against and overcoming of harmful effects caused by water:

a) To identify areas of riversides in landslide or having hazard of landslide, areas of land subsidence or having hazard of land subsidence, saline infiltration due to exploration, exploitation of underground water; to assess status, happenings, to identify reason and make zoning for harmful effects caused by water;

b) To assess in generally on effect, impact of construction works, measures of non-works to prevent from, combat against and overcome harmful effect identified in point a, this clause;

c) To identify solutions to improve qulity, effect of prevention of, combat against and overcoming of harmfull effects caused by water, solutions to improve quality and effect of system of warning, forecasting harmfull effects caused by water;

d) To identify construction works, measures of non-works for diminishing harmful effects caused by water;

e) Solutions, funds, plans and progress of implementation;

4. In necessary, content of master plan has proposal for adjustment of task, operation process of works exploiting, using and protecting water resources, as well as the preventing from, combating against and overcoming harmful effects caused by water in order to implement contents specified in this article.

Article 20. Task of master plan on water resources

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a) To assee in generally on characteristics on nature, society- economy, current status of water resources, status of protection, exploitation, use of water resources, prevention of, combat against and overcoming of harmful effects caused by water;

b) To preliminary assess function of water sources, demand of water use, dewatering, issues need be solved in protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water;

c) To identify subjects, scope, content of master plan aiming to ensure function of water sources, solve issues defined on point b, this clause;

d) To identify solutions, funds, plans and progress of making master plan.

2. Agencies, organizations making master plan on water resources shall approve task of master plan on water resources.

Article 21. Making, approving master plan on water resources

1. Responsibility for making, approving master plan on water resources is defined as follows:

a) The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Construction and relevant ministries, ministerial-level agencies to make general master plan on water resources in nationwide to submit to the Prime Minister for approval.

b) The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, the Ministry of Construction and relevant ministries, ministerial-level agencies, localities to make, approve master plan on water resources in inter-country river basin, inter-coutry water sources.

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2. Master plan on water resources must be consulted in written of ministries, ministerial-level agencies, localities, river basin organization, relevant organizations before submitting to competent authorities for approval.

3. The competent state agencies making master plans on water resources are entitled to hire consultancy unit to make master plans on water resources.

4. Funds for making, approving master plan on water resources shall be paid by the State budget.

5. The Ministry of Natural Resources and Environment provides on norms, unit price, technical regulations and dossier of master plan on water resources.

Article 22. Adjustment of master plan on water resources

1. Master plan on water resources may be adjusted in the following cases:

a) Having adjustment on strategy, master plan, plan on socio-economic development, national defense and security, regional planning, water resource strategy that changes objective of the approved master plan;

b) The approved master plan on water resources not ensure principle specified in point e, clause 1, Article 16 of this Law;

c) The projects, works being key of nation formed newly have big effect to water resources;

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e) Having adjustment on provincial administrative boundaries.

2. The content of adjustment on master plan on water resources must be based on result of analyzing, assessment of status of implementation of the approved master plan on water resources, the factors influencing adjustment on master plan, ensure inheritance and just adjust the changed contents.

3. The state agencies having competent of approval of master plan on water resources shall decide adjustment of the approved master plan on water resources.

4. Making, consulting, appraisal for adjustment of the approved master plan on water resources are implemented like as making master plan on water resources.

Article 23. Conditions of consultancy unit of making master plan on water resources

1. The consultancy unit of making master plan on water resources must have legal status, be eligible for quantity of, specialized capacity of individuals participating in making master plan on water resources, management capacity and technical conditions being suitable to the undertaking work.

2. The Ministry of Natural Resources and Environment details on capacity condition of consultancy unit of making master plan on water resources.

Article 24. Publicizing, organizing implementation of master plan on water resources

1. The master plan on water resources must be publicized within 30 days, from the day of being approved. The authority to publicize master plan on water resources is prescribed as follows:

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b) The provincial People’s Committees shall publicize the master plan on water resources of central-affiliated cities and provinces.

2. Based on the master plan on water resources approved by competent authorities, ministries, ministerial-level agencies and provincial-level People’s Committee within their duties, powers shall:

a) To make, approve or submit to competent authorities for approval of specialized master plans that exploiting, using their water resources. For other specialized master plans that exploiting, using water resources, being made by ministries, ministerial-level agencies, they must have acceptance in written of the Ministry of Natural Resources and Environment;

b) To adjust master plan, plan that exploting, using water resources to be suitable to the master plan on water resources approved by competent authorities;

c) To direct, organize implementation of master plan on water resources for part of content, work in their task and powers.

3. The river basin organization shall propose, suggest to the competent state agencies regarding measures to ensure implementation of master plan on water resources; to propose to solve issues arasing in the course of implementation of master plan on water resources.

4. Organizations, individuals and inhabitant community shall be facilitated to implement right on supervising, proposing measures to implement master plan on water resources.

5. The Ministry of Natural Resources and Environment shall guide, inspect, and organize implementation of master plan on water resources.

Chapter III

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Article 25. Duty of protection of water resources

1. Organizations, individuals must be responsible for protection of water resources.

2. Local authorities at levels shall protect water resources in localities.

3. Organizations, individuals are responsible for regular protection of water sources exploited and used by them, concurrently have right to supervise acts, phenomenons causing polution, deterioration, depletion of water sources of other organizations, individuals.

4. Person detecting acts, phenomenons causing damages or threaten to safety of Water sources shall prevent and report immediately to the nearest local authority for timely handling. If the local authority receiving report can not handle, it must report immediately to the local authority at their directly higher level or competent state agencies.

Article 26. Prevention from, combat against pollution, deterioration, depletion of Water sources

1. Exploitation, use of water resources must comply with master plan on water resources approved by competent authorities; when causing decreasing function of water sources, land subsidence, pollution, saline infiltration of water sources, must pay compensation as prescribed by law.

2. Not newly building hospitals, health facilities treating infectious diseases, cemeteries, waste landfills, facilities manufacturing toxic chemicals, the manufacture and processing facilities discharging toxic sewage in protection corridor of water source.

For facilities running must have measures for strictly handling, controlling, supervision of quality of sewage, waste before discharging to soil, water sources; facilities running and causing pollution of water sources must have solution to overcome in time limit defined by competent agency implementing the task on state management on water resources; if they fail in overcoming, they may be terminated for operation or moved as prescribed by law.

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4. Organizations, individuals mining or building works, if implement pumping to draw water, draining and causing decline of underground water level, depletion of water sources, they must stop immediately pumping to draw water and implement measures to restraining, overcoming under direction of competent agency implementing task on state management on water resources; if cause damage, they must pay compensation as prescribed by law.

5. Ponds, sewage reservoirs, areas containing sewage must be anti-leaked, anti-overflowed to ensure not polluting water sources.

Article 27. Responding to, overcoming incidents polluting water sources and recovery of the polluted, depleted water sources

1. Responding to, overcoming incidents polluting water sources are implemented as follows:

a) The establishments of production, business or service having hazard of incident polluting water sources have responsibility to make plan, equip necessary devices, means and implement measures to timely respond to, overcome incident polluting water sources caused by them;

b) In case happening incident polluting water sources, the competent state agencies in localities shall identify clearly reason, organizations or individuals causing such incident; coordinate to diminish harmful effects caused by incident; to supervise, assess on extent of decreasing water quality, damage caused by incident in order to request subject causing incident to pay compensation;

c) The provincial People’s Committees where suffer direct infuences of incident polluting water sources shall actively implement measures to prevent, restrain spreading polluted area, handle, diminish pollution within their management, coordinate with relevant central-affiliated cities and provinces in the course of preventing, handling incident and report timely to the Ministry of Natural Resources and Environment;

d) Organizations, individuals causing incident pollution water sources, apart from be sanctioned for violation as prescribed by law, have responsibility for overcoming harmful effect of pollution, deterioration of water sources in the near future, improving, recovering water quality in far future and pay for damages caused by them.

2. Responding to, overcoming incidents polluting inter-country water sources are implemented as follows:

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b) The Ministry of Foreign Affairs, the Ministry of Natural Resources and Environment and ministries, ministerial-level agencies shall coordinate with relevant agencies in country where happening incident polluting inter-country water sources in order to implement immediately measures to prevent, and overcome harmful effect in conformity with international law and relevant international treaties.

3. Responding to, overcoming incidents polluting water sources in emergency are implemented as prescribed by law on emergency.

4. Recovery of water sources polluted, depleted are implemented as follows:

a) Water sources must be classified under extent, scope of pollution, depletion and make priority order to have plan for recovery;

b) The Ministry of Natural Resources and Environment shall formulate and submit to the Prime Minister for approval and organize implementation of plan on recovery of inter-provincial water sources, inter-country water sources; provincial People’s Committees shall formulate, approve and organize implementation of plan on recovery of intra-provincial water sources.

5. Funds to overcome incident polluting water sources in case it can not to identify any organization or individual causing incident and funds to recover water sources polluted, depleted under plan specified in point b, clause 4 this clause are paid by the State budget.

Article 28. Observation and supervision of water resources

1. Responsibility for observation and supervision of water resources is prescribed as follows:

a) The Ministry of Natural Resources and Environment shall observe, supervise on quantity, quality of water sources, exploitation, use of water resources, discharging sewage into water sources for inter-provincial water sources, inter-country water sources;

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c) organizations, individuals exploting, using water resources, discharging sewage into water sources shall observe, supervise their exploitation, use of water and discharging sewage as prescribed;

2. The Ministry of Natural Resources and Environment details observation and supervision of water resources.

Article 29. Protection and development of aquatic resources

1. The State have plan on protection and development of headwater protective forests and other forests, implement programs on cultivation of waste land, bare hills, emlargement of vegetation aiming to anti-erosion, improve capacity to hold water of land, protect and develop aquatic resource.

2. Organizations, individuals exploiting forest shall implement measures of explotation and protection of forest as prescribed by Law on forest protection and development, not causing deterioration of headwater forests.

3. Organizations, individuals investing in reservoirs, projects on exploiting and processing minerals and other operation that using or influencing forest areas must plant to compensate forest areas have been lost because of works construction or contribute funds for afforestation as prescribed in case local not allocate land fund for planting new forest.

4. Organizations, individuals managing, operating reservoirs must contribute funds for protection of forest in scope of basin of reservoirs and participate in protection and development of headwater forests.

5. The Government details planting to compensate forest areas, contributing funds and management, use of funds for protection and development of headwater forests in basins of reservoirs.

Article 30. Assurance of circulation of flow

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Article 31. Protection corridor of water source

1. Water sources must make protection corridor include:

a) Hydro-power, irrigation reservoirs and other water reservoirs;

b) Natural and artificial lakes in urbans, residential areas; lakes, big ponds with function of regulation in other areas; natural lagoons;

a) Rivers, springs, canals, ditches being source of supplying water, dewatering or having an important role for socio-economic development and the environmental protection;

d) Water sources relating to religion and belief activities, having high value on biodiversity, cultural preservation and protection, development of natural ecologies.

2. Organizations managing, operating reservoirs specified in point a, clause 1 of this article shall plant limit markers of Protection corridor of water source as prescribed and hand over limit markers to commune People’s Committee where have reservoirs for management and protection.

3. The provincial People’s Committees shall make, manage Protection corridor of water source specified in points b, c and d, clause 1 of this Article.

4. The Government details making, management of Protection corridor of water source.

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1. Organizations, individuals are not permitted to discharge sewage, bring waste into Hygiene Protection Zone of area supplying living water.

2. Organizations, individuals exploiting water to supply living water must implement the following measures:

a) Often observe, track quality of living water sources and assure of quality of water sources exploited by them.

b) To have plan to exploit other Water sources to replace in case happening incident polluting living water sources they exploiting

3. Person detecting acts causing ruin, pollution or living water sources has responsibility for timely preventation and report immediately to competent state agencies for handling.

4. Provincial People’s Committees shall:

a) To identify and publicize Hygiene Protection Zone of area supplying living water within local area as prescribed by the Ministry of Natural Resources and Environment;

b) To organize to disclosure information on quality of living water sources, warn abnormal Phenomenons on quality of living water sources with respect to water sources in their localities.

5. People’s Committee at district level, commune level shall implement measures to protect quality of living water sources in local.

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1. Use of plant protection drugs, veterinary medicine and other chemicals in cultivation, breeding, aquaculture must ensure technical regulations and standards, not cause polluting water sources.

2. Establishments of production, business, service, mining, or other manufacture are not discharged sewage that have not been treated or treated but not meet technical regulations and standards into water sources; when use toxic chemicals, they must have measures to ensure safety, not to leak, lead to pollution of water sources.

3. Organizations, individuals exploiting, using water resources for purposes of waterway transport, sport, entertainment, tourist, medicine, convalescent, science research and other purposes are not permitted to cause pollution of water sources.

Article 34. Prevention from, combat against pollution of seawater

1. Organizations, individuals operating at sea must have plan, equipments, and human resource ensuring prevention from, combat against pollution of seawater.

Case causing incident polluting sea water, they must timely handle, overcome incident and report immediately to the competent state agencies; if cause damage, must pay compensation as prescribed by law.

2. The discharge source from activities at coastal areas, islands and activities at sea must be controlled, treated meeting technical regulations and standards before discharge into sea.

Article 35. Protection of underground water

1. Organizations, individuals exploring, exploiting underground water; practicing underground water drill; drilling to survey works geology, exploring geology, exploring and exploiting minerals, petroleum; processing foundation of works, draining for mine and other drilling, digging activities must implement measures to protect underground water, fill in wells after using or being broken down.

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3. Regions where underground water being exploited excessively or deteriorated seriously, state management agencies of water resources must zoning for areas prohibited from or restrained for exploitation and have measure to control strictly in order to protect underground water source.

Article 36. Practicing underground water drill

1. Drilling to research, survey, explore and exploit underground water must implemented by organizations, individuals licensed to practice underground water drill

2. The Ministry of Natural Resources and Environment details practicing underground water drill.

Article 37. Discharge of sewage into water sources

1. Master plan of urban areas, concentrated residential areas in rural, tourist areas, recreation areas, industrial areas, economical areas, export processing areas, concentrated industrial clusters, trade villages must have system of sewage collection, process be suitable to scale of sewage discharge, water sources’ capacity to receive sewage and must be accepted by competent state management agencies of water resources before submiting for approval.

2. Plans on construction, renovate, ungrade establishment of bmanufacture, businee must have items of investment on, construction of system collecting and separating rain water, sewage; sewage treatment system; system of drainage, conduits for sewage ensuring technical regulations and standards.

3. Organizations, individuals discharging sewage into water sources must be licensed by competent state agencies specified in Article 73 of this Law, except for case specified in clause 5 of this Article.

4. Granting permit to discharge sewage into water sources must base on technical regulations and standards on the quality of sewage, the function of water sources, water sources’ capacity to receive sewage.

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6. The Government details grant of permit of discharging sewage into water sources.

Article 38. Rights and obligations of organizations, individuals being granted permit of discharging sewage into water sources

1. Organizations, individuals being granted permit of discharging sewage into water sources have the following rights:

a) To discharge sewage into water sources as prescribed in permit;

b) To be protected by the State for legal rights and benefits;

c) To be paid compensation by the State as prescribed by law in case the permit is revoked before its time limit because of reason for National defense and security or national benefits, public benefits.

d) To have right to request organizations, individuals, having acts causing damage to their lawful rights and benefits relating to discharge of sewage into water sources, to pay compensation as prescribed by law.

dd) To suggest competent state agencies to grant permit for extension, change of time limit or adjust content of permit as prescribed;

e) To return permit as prescribed;

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h) To complaint, sue on acts violating their lawful rights and benefits relating to discharge of sewage into water sources as prescribed by law.

2. Organizations, individuals being granted permit of discharging sewage into water sources have the following obligations:

a) To execute provisions of law on water resources and implement under proper content of permit;

b) To implement financial obligations as prescribed by law;

c) To ensure sewage processed meeting technical regulations and standards allowed during course of discharging sewage into water sources;

d) Not to obstruct or cause damage to the lawful discharge of sewage into water sources of other organizations, individuals;

dd) To supply fully and honestly data, information on discharge of sewage into water sources when requested by competent state agencies;

e) To execute measures to ensure safety, prevention and overcoming incidents polluting water sources caused by their discharge of sewage as prescribed;

g) To implement observation, supervision output, quality of sewage and regime of information, report on discharge of sewage as prescribed;

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i) Other obligations as prescribed by law.

Chapter IV

EXPLOITATION, USE OF WATER RESOURCES

Section 1. Using water in saving and effectiveness

Article 39. Measures of using water in saving and effectiveness

1. Organizations, individuals exploiting, using water must implement the following measures to use water in saving and effectiveness:

a) Proper purpose and reasonable;

b) To have plan to replace, reject gradually means, devices with obsolete technology, spending lot of water;

c) To improve, rationalize process on using water; apply technique, technology, advance equipment in exploitation, use of water; increase capacity to use water in circulation, reuse water; hoard rain water for use;

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2. The Ministry of Natural Resources and Environment shall organize to formulate model of using water in saving, effectiveness; popularize, propagate models, technologies, equipments that saving water.

3. Ministries, ministerial-level agencies within their tasks, powers shall:

a) To formulate and promulgate within authority technical regulations on using water aiming to boost, encourage using water in saving, effectiveness;

b) To formulate programs, plans and direct, guide to research application of technology on using water in saving, effectiveness, and aim to reject gradually obsolete technology, spending lot of water;

c) To assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment to formulate and promulgate norm on water consumption in operations under their management; to inspect, check the compliance with provisions of law in exploitation, use of water, norm on water consumption

4. The provincial People’s Committees shall apply comprehensively measures to manage, control strictly implementation of provisions on using water in saving and effectiveness at localities.

Article 40. Restricting water loss in water supply systems

1. Organizations, individuals managing, operating the water supply system must obey technical regulations and regulations on operation of water supply system aiming to satisfy requirement on supplying water being stable, safe, uninterrupted and diminish loss and saving of water.

2. Organizations, individuals managing, operating the irrigation works system must apply measures to prevent, anti leakage and ensure operating system with optimal method aiming to satisfy requirement on supplying water being reasonable, effective and diminish loss and saving of water.

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1. Organizations, individuals investing in use of circulated water, reuse of water, collection, use of rain water, use of water desalted from brackish water, saline water, investing in equipment, technology saving water, are entitled to loan of preferential capital and exempt, reduce tax as prescribed by law

2. The Government provides on incentives for using water in saving and effectiveness.

Article 42. Science and technology development for using water in saving and effectiveness

1. The State encourage, facilitate for organizations, individuals to research science, application, development of technologies on processing sewage, renovating and recoverying water sources polluted, deteriorated, depleted, reusing water and other technologies aiming to use water in saving, effectiveness.

2. Ministries, ministerial-level agencies, provincial People’s Committees shall allocate funds and formulate programs on science and technology research aiming to use water in saving, effectiveness and to process, renovate, recovery water sources being polluted, deteriorated, depleted.

3. The researches on science, technological application and development aiming to use water in saving and effectiveness being priority include:

a) Researches, technological applications and developments aiming to use circulated water, reuse water to improve effectiveness in using water in industrial, constructional, agricultural trades;

b) Researches, technological applications and developments of processing sewage, renovating, recoverying water sources being polluted, deteriorated, depleted;

c) Researches, applications of advance technologies in operation and regulation of water’s reservoirs, reasonable exploitation and use of water sources;

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e) Application of solutions using water in saving and effectiveness in course of designing, building construction works.

Section 2. EXPLOITATION, USE OF WATER RESOURCES

Article 43. Rights and obligations of organizations, individuals exploiting, using water resources

1. Organizations, individuals exploiting, using water resources have the following rights:

a) To exploit, use water resources for purposes on living, manufacture, business and other purposes as prescribed in this Law and otherprovisions of relevant law;

b) To enjoy benefits from exploitation, use of water resources;

c) To be protected by the State for legal rights and benefits during course of exploitation, use of water resources;

d) To use figures, information on water resources as prescribed in this Law and other provisions of relevant law;

dd) To have conduits for water to flow pass adjoining land under management and use of other organizations, individuals as prescribed by law;

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2. Organizations, individuals exploiting, using water resources have the following obligations:

a) To protect water resources, prevent, combat against and overcome of harmful effects caused by water as prescribed by this Law and other laws;

b) To use water for proper purpose, in saving, safety and effectiveness;

c) Not to obstruct or cause damage to the lawful exploitation and use of water sources of other organizations, individuals;

d) To protect water sources which they directly exploit, use;

dd) To implement obligations on finance; to pay compensation caused by them in course of ecploitation, use of water resources as prescribed by law;

e) To supply information, figures relating to exploitation, use of water resources at the request of competent state agencies; to facilitate for scientific researches allowed by the State;

g) When supplement, change purpose, scale of exploitation, use, must be permitted by competent state agencies, except for case not requiring permit, not requiring registration as prescribed in Article 44 of this Law;

h) Other obligations as prescribed by law.

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4. Organizations, individuals exploiting water resources subject to must pay money to grant right of exploiting water resources as prescribed in clause 1, Article 65 of this Law, are entitled to transfer right of exploiting water resources as prescribed by Government.

Article 44. Register, license of exploitation, use of water resources

1. Cases not requiring register, not applying for permit when exploiting, using water resources:

a) Exploitation, use of water for living of households;

b) Exploitation, use of water with small scale for manufacture, business, service;

c) Exploitation, use of sea water for manufacture of salt;

d) Exploitation, use of water for activities of culture, religion, scientific researches;

e) Exploitation, use of water for fire and explosion prevention, respond, overcoming of pollution incidents, epidemics and other emergencies as prescribed by law on emergency.

2. For case of underground water exploitation specified in points a, b and d, clause 1 of this article in areas where water level declined excessively, they must register.

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4. The Government details register, license of exploitation, use of water resources

Article 45. Exploitation, use of water resources for living purpose

1. The State priority to exploit, use water resources for living purpose in the following measures:

a) Investing, supporting projects on supply living water, clean water, priority to areas of ethnic minority groups, border areas, inslands, areas where fresh water is scarce, areas with water sources pollute, deteriorated seriously, areas in difficult socio-economic conditions, areas in extremely difficult socio-economic conditions;

c) Having policy to favour, encourage foreign and domestic organizations, individuals to invest in searching, exploring,exploiting water sources for living purpose.

2. People’s Committees at all levels, competent state agencies shall formulate and implement master plans, plans , projects on supplying living water, clean water; to execute emergency measures to ensure having living water in case of drought, lack of water or incident polluting water sources seriously causing lack of water.

3. Organizations, individuals being supplied living water shall participate in contribution of effort, finance for protection of water sources, exploitation and processing of water servicing for living as prescribed by law.

Article 46. Exploitation, use of water resources for agricultural manufacture

1. The State invests, supports exploitation, use of water resources for agricultural manufacture.

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3. Organizations, individuals are only permitted to exploit, use water that ensuring on technical regulations and standards for agricultural manufacture.

4. Organizations, individuals, who management, operate works exploiting, using water sources for agricultural manufacture, must obey process of operation.

Article 47. Exploitation, use of water resources for Hydro-power

1. Exploitation, use of water resources for Hydro-power must ensure use in synthesizing, multi target, except for exploitation, use of water with small scale

2. Construction of Hydro-power works must be suitable to master plans on water resources, obey provisions in Article 53 of this Law and other relevant laws.

3. Organizations, individuals exploit, use water sources for Hydro-power must obey operation process of reservoirs, operation process of inter-reservoirs approved by the competent state agencies, ensure use in synthesizing, multi target of water sources; have responsibility to support people in places having reservoirs.

Article 48. Exploitation, use of water resources for salt manufacture and aquaculture

1. The State encourages investing in exploitation, use of sea water for manufacture of salt. Organizations, individuals using of sea water for salt manufacture are not allowed to cause saline infiltration, harmful effects to argicutural manufacture and environment.

2. Organizations, individuals are only permitted to use water that ensuring technical regulations and standards on water quality for aquaculture. Exploitation, use of water resources for aquaculture must be suitable to master plan on water resources, not cause pollution, deterioration, depletion of water sources, not obstruct flow, cause damage to works on rivers, not cause obstacle for waterway transport and not to cause saline infiltration for water sources.

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1. Organizations, individuals exploiting, using water resources for industrial manufacture must save water, not cause pollution to water sources.

2. Organizations, individuals exploiting, using water resources for exploiting, processing minerals must have measure to collect, process used water meeting technical regulations and standards on sewage quality before discharge into water sources.

Article 50. Exploitation, use of water resources for waterway transport

1. The State encourages exploitation, use of water resources for development of waterway transport.

2. Activities of waterway transport are not permitted to cause pollution of water sources, obstacle of flow, damages of river beds,riversides, river banks, springs, canals, ditches and works on rivers; if causing damages, they must pay compensation as prescribed by law.

3. Construction of works, master plan of waterway routes must be suitable to master plan on water resources and master plan on development of coastal areas.

4. Construction and management of other works relating to water sources must ensure safety and normal operation of means of waterway transport and not cause pollution of water sources.

Article 51. Exploitation, use of water resources for other purposes

Organizations, individuals exploiting, using water resources for researches on science, medicine, sport, entertainment, tourist and other purposes must use water reasonablely, in saving, effectiveness, not cause pollution, deterioration, depletion of water sources, obtrucle flow and other harmful effect to water sources.

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1. Organizations, individuals exploring underground water must have permit of competent state agencies.

2. Organizations, individuals exploiting, using underground water must have permit granted by competent state agencies, except for case specified in clause 1 and clause 2, Article 44 of this Law.

3. Grant of exploiting underground water permit must base on master plan on water resources, result of basic survey, exploration of underground water, potential, reserves of underground water and provisions in clause 4 of this article.

4. To restrain exploitation of underground water in the following areas:

a) Areas having surface water sources have capacity to satisfy stably for demands on using water;

b) Areas having underground water level being consecutively declined and having hazard of being decreased excessively;

c) Areas having hazard of land subsidence, saline infiltration, increasing pollution due to exploitation of underground water;

d) Areas having underground water sources being polluted or having signal of pollution but have not yet technological solution to process ensuring quality;

e) The urban areas, concentrated residential areas in rural, concentrated industrial areas or clusters, trade villages which had system of supply of water in concentration and service of water supply that ensure satisfying requirement of quality, quantity.

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a) Restraining on subjects, purpose of exploitation;

b) Restraining on reserves, time of exploitation;

c) Restraining on quality of works, depth, aquifers of exploitation.

6. The Government details exploring, exploiting underground water.

Article 53. Reservoirs and exploitation, use of reservoirs' water

1. Master plan on development of branches, localities having proposal for construction of reservoirs on rivers, springs must be suitable to master plan on water resources and must have the following contents:

a) The necessary to construct reservoirs comparing to other works - solutions to implement task of master plan;

b) To identify flows need to maintain on rivers, springs under time at lowland of reservoirs being proposed in master plan;

c) To identify and arrange tasks under priority order with respect to each reservoirs being proposed in master plan and level ensuring water supply for each provided task To identify and arrange tasks under priority order with resprect to each reservoirs being proposed in master plan and level ensuring water suppy for each formulated task;

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dd) Role of reservoirs existing on river basin in ensuring implementation of task of reservoirs being proposed;

e) In the course of making master plan, it must organize taking opinions of subjects enjoyed benefits and subjects having hazard of risk in exploitation, use of water resources caused by construction of reservoirs being proposed in master plan. All advising and suggesting opinions must be explained and absorbed in reports send to competent state agencies for appraisal of master plan.

2. Projects of construction of reservoirs on rivers and springs must satisfy the following requirements:

a) being suitable to master plan on water resources have been approved by competent authorities.

b) Having work items to ensure maintain of minimum flow, use of water sources in synthesizing and multi target, using dead volume of reservoirs in case of drought, lack of water seriously, ensure migration of fish species, traveling of waterway transport means relating to section of rivers, springs having operation of waterway transport.

c) Having opinions of inhabitant community and relevant organizations, individuals as prescribed in Article 6 of this Law;

d) Having appraisal opinion of state management agencies of water resources for contents specified in point a and point b of this clause before submitting to competent authorities for approval.

3. Organizations, individuals managing, operating reservoirs shall:

a) To obey process on operation of reservoirs, process on operation of inter-reservoirs being approved; to ensure the minimum flow, safety of works and lowlands of reservoirs, if causing damage, must pay compensation as prescribed by law;

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c) To elaborate and implement plan on annual regulation of reservoirs’ water; implement plan, project on harmonizing, distributing water sources on river basins of competent state agencies;

d) To observe meteorology and hydrology, calculate and forecast volume of water flowing to lake servicing operation of reservoirs;

dd) If use surface of reservoirs for aquaculture, business in travel, entertainment, it must be accepted in written by state management agencies of water resources

e) To implement regime of report; other provisions of this law and relevant laws.

Section 3. REGULATION, DISTRIBUTION OF WATER RESOURCES

Article 54. Regulation, distribution of water resources

1. Regulation, distribution of water resources for use purposes must base on master plan on water resources, actual capacity of Water sources, plan on regulation, distribution of water resources and ensure the following principles:

a) To ensure fair, reasonable among organizations, individuals on the same river basin, between upstream and downstream, between right-shore and left-shore;

b) To priority on quantity, quality of water for living, agricultural manufacture to contribute in ensuring security of food and other essential demands of people;

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d) To combine exploitation, use of surface water sources with exploitation, use of underground water sources, rain water; increase storage of water in rainy season to use for dry season.

2. If lacking water, regulation and distribution must be prioritized for living purpose; other use purposes must be regulated and distributed as prescribed in master plan on water resources, river basins and ensure the fair and reasonable principle.

3. The Ministry of Natural Resources and Environment organizes implementation of regulation, distribution of water resources on inter-country river basins. The provincial People’s Committees organize implementation of regulation, distribution of water resources in scope of lacalities.

Article 55. The water transfer of river basins

1. Making of project on water transfer must be based on the following grounds:

a) Strategy on water resources, strategy on environmental protection;

b) master plan on water resources of relevant river basins; master plan, plan on socio-economic development of localities and branches relating to exploitation, use of water on river basins;

c) To assess actual capacity of water sources, demand of water use of both water transfer basin and water receipt basin;

d) To assess capacity of effect of water transfer to exploitation, use of water, maintain flow, control flood and impact to ecological environment, especially in dry season; economical benefits of water transfer;

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2. The project on water transfer must have appraisal opinion of the Ministry of Natural Resources and Environment before submitting to competent authorities for consideration and deciding on investment.

Article 56. Artificial supplementation of underground water

1. The artificial supplementation of underground water must be based on assessment in particular on adapability on quantity, quality, capacity to keep and preservate water of supplemented aquifers, requirement on exploitation, use, protection of underground water; full assessment of socio-economic and environmental impacts.

2. The Ministry of Natural Resources and Environment shall identify aquifers, zoning for areas need artificial supplementation of underground water; guide implementation of measures to supplement artificially underground water suitable to each region; approve plans on artificial supplementation of underground water.

Article 57. Creating artificial rain

Creating artificial rain must be based on demand on water of areas lacked water and admissible conditions to decide measure, reasonable scale and must be permitted by competent state agencies.

Chapter V

PREVENTION OF, COMBAT AGAINST AND OVERCOMING OF HARMFUL EFFECTS CAUSED BY WATER

Article 58. Duty and obligation of prevention of, combat against and overcoming of harmful effects caused by water

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2. The Government decides and directs ministries, ministerial-level agencies and People’s Committees at all levels to implement measures of prevention of, combat against and overcoming of harmful effects caused by water.

3. Ministries, ministerial-level agencies and People’s Committees at all levels within their duties, powers decide and organize implementation of measures of prevention of, combat against and overcoming of harmful effects caused by water.

Article 59. Prevention of, combat against and overcoming of harmful effects caused by natural disaster

Prevention of, combat against and overcoming of harmful effects of floods, sea-level rise, ice rain, acid rain, and other harmful effects of water caused by natural disaster are implemented in according to provisions of law on dyke, combat against floods, storms and other provisions of relevant laws;

Article 60. Prevention of, combat against droughts, floods, artificial waterlogging

1. Reservoirs must have process to operate reservoirs approved by competent authorities before containing water.

2. Important, big reservoirs on river basin must be operated under process on operation of inter reservoirs approved by competent state agencies.

3. Process on operation of reservoirs, Process on operation of inter reservoirs must ensure maintaining minimum flow, preventing, combating against floods, droughts, lack of water for lowlands and allocate volume to ensure implementation of task of reservoirs, including volume to prevent, combat against floods, safety of water supply in conditions of normal weather and conditions of abnormal weather, changes of water quality included factors causing climate changes.

4. Process of reservoirs’ operation, inter reservoirs’ operation on river basins must be consulted by ministries, branches, localities, river basin organization, other relevant organizations before submitting to competent authorities for approval.

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a) The Ministry of Natural Resources and Environment makes list of reservoirs must operate under process on inter reservoirs’ operation and elaborate process on inter reservoirs’ operation on river basins, submit to the Prime Minister for approval;

b) The Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade, provincial People’s Committees, organizations, individuals manage, operate reservoirs within their task, powers to elaborate, submit to competent authorities for promulgation or promulgate within authority the process on reservoirs’ operation.

6. Organizations, individuals managing, operating reservoirs must building plan to respond circumstance of dyke rupture, circumstances threatening seriously to safety of works, life and assets of people.

7. For prevention of, combat against waterlogging and protection of water sources, lakes, ponds, lagoons are not leveling.

The provincial People’s Committees publish list of lakes, ponds, lagoons are not levellng in local scope.

The Ministry of Natural Resources and Environment publishes list of lakes, ponds, lagoons are not levellng in areas of two or more central-affiliated cities and provinces.

Article 61. Prevention of, combat against saline infiltration

1. Mangement, operation of sewers preventing saline water, keeping fresh water and water reservoirs, works for flow regulation must obey process, standards, technical regulations, ensure prevention of, combat against saline infiltration.

2. Exploration, explotation of underground water in delta areas, coastal areas must ensure prevention of, combat against saline infiltration for underground aquifers.

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4. Organizations, individuals exploiting, using water resources for agricultural manufacture must have measure to prevent, combat against aluminous land, saline land, and erosion land and ensure not causing pollution to water sources.

Article 62. Prevention of, combat against land subsidence

1. Organizations, individuals practicing underground water drill, geological exploration drill, exploring mineral, petroleum must obey technical regulations and standards on safety, prevention of, combat against land subsidence.

2. Organizations, individuals exploring, exploiting underground water must implement measures specified in permit, obey technical regulations and standards on technical safety, ensure not causing land subsidence.

If happens land subsidence, they must stop exploration, exploitation, concurrently implement remedial measures and report immediately for the nearest local authorities.

3. Organizations, individuals exploiting minerals, building underground works, implementing operations of drilling, digging must obey technical regulations and standards on safety, prevention of, combat against land subsidence.

4. Regions are subsided or have hazard of land subsidence caused by exploration, exploitation of underground water, agencies implementing task on state management on water resources must make zoning to have measures to restrain land subsidence.

Article 63. Prevention of, combat against landslide of river shores, river banks

1. Renovation of river begs, river shores, river banks, construction of water works, exploitation of sand, gravel and other minerals on rivers, lakes are not cause landslide, harmful effects to stability of river begs, river shores, river banks, lakes and must be accepted in written by competent state management agencies of water resources.

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If areas being landslide or having hazard of landslide of river shores, river banks are between two central-affiliated cities or provinces, related provincial People’s Committees make petition to competent state agencies to approve prohibited areas, temporarily prohibited areas from exploitation of sand, gravel and other minerals.

3. The Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Agriculture and Rural Development to detail operation of vessels on waterway transport routes to ensure not causing landslide of river shores, river banks.

4. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with Ministries, related ministerial-level agencies and provincial People’s Committees to specific provide on protection of river begs, river shores, river banks; to direct implementation of measures to protect river begs, river shores, river banks for rivers being border line between two central-affiliated cities or provinces.

5. People’s Committees at all levels shall implement measures to protect river begs, river shores, river banks in localities.

Chapter VI

FINANCE ON WATER RESOURCES

Article 64. Revenues of the State budget from operation of water resources

1. Water royalty and other taxes as prescribed by Law on tax;

2. Charges, fees as prescribed by law on charges, fees.

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4. Levy for compensation to state, levy from sanction of administrative violation in water resource field as prescribed by law;

Article 65. Levy for grant of right to exploit water resources

1. Organizations, individuals exploiting water resources must pay levy for grant of right to exploit water resources in the following cases:

a) To exploit water for power generation with trade-purpose;

b) To exploit water for business, service, non-agricultural manufacture;

c) To exploit underground water for planting industrial trees, breeding cattle, concentrated aquaculture with big scale.

2. The levy for grant of right to exploit water resources is indentified by quality of water sources, types of water sources, conditions of exploitation, scale, time of exploitation, purpose of using water.

3. The Government particularly prescribed cases of exploitation of water resources must pay levy for grant of right to exploit water resources, method of calculation, and rate of collection of levy for grant of right to exploit water resources.

Chapter VII

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Article 66. Principle of applying in international relationship on water resources

The Vietnamese state applies the following principles in basic survey, protection, exploitation, use of inter-country water sources, prevention of, combat against and overcoming of harmful effects caused by water, international cooperation and solving disputes on inter-country water sources.

1. To respect independence, sovereignty, territorial integrity and benefit of countries sharing water sources;

2. To ensure fair, reasonable and sustainable development in exploitation, use of inter-country water sources;

3. Without prejudice to rights and interests of countries having common Water sources in conformity with International treaties of which the Socialist Republic of Vietnam is a member;

4. To obey provisions or Vietnamese law, international law and relevan International treaties.

Article 67. Duty to protect rights and interests of Vietnam for inter-coutry water sources

1. Organizations, individuals have duty to protect rights and interests of Vietnam relating to inter-coutry water sources as prescribed by this Law and other provisions of Vietnamese law.

2. The Ministry of Natural Resources and Environment shall track, supervise, sum up situation on inter-country water sources, timely report, propose to Government, the Prime Minister to handle issues aiming to ensure rights and interests of Vietnam.

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Article 68. International cooperation in management and development of water resources

1. The Vietnamese state enlarges cooperation with countries, foreign organizations, international organizations in basic survey, protection, exploitation, use, development of water resources, training officers, scientific searching on water resources, prevention of, combat against and overcoming of harmful effects caused by water.

2. The Vietnamese state encourages, cooperate to exchange information relating to inter-coutry water sources; to coordinate to research and male master plan on protection, exploitation, use of inter-country water sources, coordinate in prevention of, combat against and overcoming of harmful effects caused by water, facilitate for management and implementation of projects related to inter-country water sources.

3. The Vietnamese state actively participates in international organizations of water resources and international river basin organizations relating to Vietnam aiming to boost cooperation, exploitation, use and sustainable development of inter-country water sources.

Article 69. Solving disputes, disagreements regarding inter-country water sources

When solve disputes, disagreements on inter-country water sources relating to countries in river basins, sea areas under sovereignty, apart from applying principles specified in Article 66 of this Law, must obey the following provisions:

1. All disputes, disagreements on sovereignty in basic survey, protection, exploitation, use of inter-country water sources, prevention of, combat against and overcoming of harmful effects caused by water, among countries sharing water sources, in which having Vietnam, shall be solved on basis of negotiation, in conformity with international treaties of which Socialist Republic of Vietnam is a member and international practices.

2. All disputes, disagreements on inter country water sources happening in river basins which have international river basin organization in which Socialist Republic of Vietnam participates shall be solved in framework of international river basin organization as prescribed in International treaties of which Socialist Republic of Vietnam is a member.

Chapter VIII

...

Article 70. The responsibility for State management on water resources of Government, ministries, ministerial-level agencies

1. The Government uniformly state manages on water resources.

2. The Ministry of Natural Resources and Environment takes responsibility before the Government in implementation of state management on water resources, management on river basin in nationwide, including the following responsibilities:

a) To promulgate under its authority or submit to competent state agencies to promulgate and organize implementation of legal documents on water resources; promulgate technical regulations, norms, unit price on master plan, basic survey, exploration, exploitation,use, protection of water resources;

b) To make, submit to the Prime Minister for approval or approve under its authority and organize implementation of strategy, general master plan on basic survey for water resources, master plan on water resources; process on operation of inter- reservoirs,list of river basins, list or water sources; plan on basic survey, regulation, distribution of water resources, recovery of water sources polluted, depleted;

c) To delineate, publish prohibited areas, restrained areas from exploitation of underground water, areas need artificially supplement underground water; publish minimum flow, underground water exploitation threshold; announcement on situation of drought, lack of water;

d) To organize appraisal of projects on water transfer in river basins, give opinion on specialized master plan having exploitation, use of water resources and activities related to exploitation, use, protection of water resources under its authority;

dd) To propagate, popularize, educate law on water resources; train human source on water resources;

e) To grant, extend, adjust, terminate, revoke permit on water resources and permit transfer of right to exploit water resources under its authority;

...

h) To form database, information system on water resources; manage, store information, data on water resources; declare, publish documents, information on water resources;

i) To submit to the Government, or the Prime Minister for plans on solving issues relating to inter-country water sources, participation in international organizations, signing or acceding to International treaties on water resources; preside over activities on international cooperation for water resources;

k) To be as standing of national council on water resources, Vietnam Mekong river commission and river basin organizations;

l) To inspect, check, solve disputes, handle violations of law on water resources under its authority.

3. Ministries, relevant ministerial-level agencies within their tasks, powers shall coordinate with the Ministry of Natural Resources and Environment in state management on water resources.

Article 71. The responsibility for State management on water resources of the People’s Committees at levels

1. The provincial People’s Committees within their duties and powers shall:

a) To promulgate under their authority and organize implementation of legal documents on water resources;

b) To make, approve, announce and organize implementation fo master plan on water resources, plan on basic survey, regulation, distribution of water resources, recovery of water sources polluted, depleted;

...

d) To organize to respond to, recover incidents of water sources’ pollution; to track, detect and participate in solving incidents of inter-country water sources’ pollution under their authority; to make, manage protection corridor of water source, Hygiene Protection Zone of area supplying living water; to assure living water in cases of drought, lack of water or happening incidents polluted water sources;

dd) To propagate, popularize, educate law on water resources;

e) To grant, extend, adjust, terminate, revoke permit on water resources and permit transfer of right to exploit water resources under their authority; guide register for exploitation, use of water resources;

g) To organize implementation of basic survey, supervision on water resources under decentralization; to report to the Ministry of Natural Resources and Environment on result of basic survey on water resources, situation of exploitation, use, protection of water resources, prevention of, combat against and overcoming of harmful effects caused by water in their localities;

h) To set up database; manage and store information, data of water resources;

i) To inspect, check, solve disputes, handle violations of law on water resources.

2. The district People’s Committees, commune People’s Committees within their duties and powers shall:

a) To implement measures to protect water resources as prescribed by law; to coordinate with agencies, organizations managing observation station, to measure, supervise water resources, the works exploring, exploiting water, discharging sewage into water sources for protection of this works;

b) To organize to respond to, recover incidents of water sources’ pollution; to track, detect and participate in solving incidents of inter-country water sources’ pollution under their authority;

...

d) Periodically, to sum up, report to People’s Committee at their direct higher level on situation of management, protection, exploitation and use of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water;

dd) To organize register of exploitation, use of water resources, discharge of sewage into water sources under their authority;

d) To implement tasks on state management on water resources under decentralization or authorization of the provincial People’s Committees.

Article 72. Regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins

1. The following activities on river basins need to be regulated, supervised:

a) Coordination of measures on protection of water resources, respond to, overcoming incidents polluting water sources and recovery of water sources polluted, depleted, prevention of, combat against and overcoming of harmful effects caused by water on river basin;

b) Regulation, distribution of water resources, maintaining minimum flow on rivers, underground water exploitation threshold; regulation, distribution of water sources in case of drought, lack of water on river basins;

c) Construction, operation of reservoirs, dikes and works regulating water on rivers; projects on water transfer and the works of exploitation, use of water with big and important scale on river basin;

d) Discharge of sewage that have hazard causing pollution, deterioration seriously quality of water sources in river basins; overcoming incidents polluting water sources and recovery of water sources polluted on river basins;

...

d) Other activities on river basins specified by the Government.

2. Responsibility for regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins is specified as follows:

a) The river basin organization propose regulation, distribution of water sources, supervise exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on one or some inter-country river basins;

b) The provincial People’s Committees direct the regulation, distribution of water sources and coordination, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on intra-country river basins;

c) The Ministry of Natural Resources and Environment uniformly direct coordination of activities of river basin organizations, provincial People’s Committees, relevant agencies, organizations in the regulation, distribution of water sources, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water on river basins;

3. The Government stipulates in details the regulation, supervision of exploitation, use, protection of water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water, stipulate on organizational structure and operation of river basin organizations.

Article 73. Authority of grant, extension, adjustment, termination, withdraw of permit on water resources

1. The Ministry of Natural Resources and Environment and provincial People’s Committees execute the grant, extension, adjustment, termination, withdrawal of permit on water resources.

2. The Government stipulates order of, procedures for and detailed provisions on authority of grant, extension, adjustment, termination, withdraw of permit on water resources.

...

1. The National Water Resources Council is established by Government to advise for the Government, the Prime Minister in important decisions on water resources within their duties and powers.

2. The Prime Minister stipulates duties and powers of The National Water Resources Council.

Chapter IX

THE SPECIALIZED INSPECTION ON WATER RESOURCES, SOLVING DISPUTES ON WATER RESOURCES

Section 1. BASIC SURVEY ON WATER RESOURCES

Article 75. The specialized inspection on water resources

1. Inspectorates of the Ministry of Natural Resources and Environment, Inspectorates of the provincial Department of Natural Resources and Environment and agencies implementing the state management task on water resources execute function of the specialized inspection on water resources.

2. Organizational structure and operation of specialized inspectorates on water resources comply with provisions of this Law and provisions of law on inspection.

Article 76. Solving disputes regarding water sources

...

a) The State encourages parties conciliated by themselves for disputes on water resources;

b) The State encourage to solve disputes on water resources between individuals, households with each other through conciliation at facilities as prescribed by law on conciliation at facilities;

c) The commune People’s Committees organize conciliation of disputes on water resources on their localities at the request of parties disputing.

2. The district People’s Committees shall solve disputes on exploitation, use of water resources, discharge of sewage into water sources for cases not require to grant permit; if not agree with decision on solving dispute, the parties disputing have right to complaint to provincial People’s Committees or sue at the Court as prescribed by law.

3. Provincial People’s Committees shall:

a) To solve disputes arising in exploitation, use of water resources, discharge of sewage into water sources for cases under their licensing authority; if not agree with decision on solving dispute, the parties disputing have right to sue at the Court as prescribed by law.

b) To solve disputes regarding water sources among district People’s Committees;

c) To solve disputes that have had decision on solving of district People’s Committee but the parties disputing not agree.

4. The Ministry of Natural Resources and Environment shall:

...

b) To solve other disputes on water resources among central-affiliated cities and provinces.

5. Requirement on compensation relating to solving disputes on water resources implemented under provisions of civil laws, law on state compensation liability.

Chapter X

IMPLEMENTATION PROVISIONS

Article 77. Transitional provisions

From the effective day of this Law, practicing the drilling of underground water, exploring, exploitation, use of water resources, discharge of sewage into water sources are conducted as follows:

1. Organizations, individuals granted permit as prescribed by the Law on water resources No. 08/1998/QH10 may continue to perform till the end of time limit stated in permit.

2. Organizations, individuals exploiting water resources must pay money to grant right of exploiting water resources as prescribed by this law for the rest of time limit stated in their permit.

Article 78. Effect

...

The Law on water resources No. 08/1998/QH10 ceases to be effective on the effective date of this Law.

Article 79. Provisions for detailing and guidelines for implementation

The Government provides in detail and guides implementation of provisions assigned in this Law.

This Law was passed on June 21, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session

CHAIRMAN OF THE NATIONAL ASSEMBLY

Nguyen Sinh Hung

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Thuộc tính Văn bản pháp luật 17/2012/QH13
Loại văn bản	Luật
Số hiệu	17/2012/QH13
Cơ quan ban hành	Quốc hội
Người ký	Nguyễn Sinh Hùng
Ngày ban hành	21/06/2012
Ngày hiệu lực	...
Ngày công báo	...
Số công báo
Lĩnh vực	Tài nguyên - Môi trường
Tình trạng hiệu lực	Không xác định
Cập nhật	năm ngoái
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Law No. 17/2012/QH13 on water resources
Loại văn bản	Luật
Số hiệu	17/2012/QH13
Cơ quan ban hành	Quốc hội
Người ký	Nguyễn Sinh Hùng
Ngày ban hành	21/06/2012
Ngày hiệu lực	...
Ngày công báo	...
Số công báo
Lĩnh vực	Tài nguyên - Môi trường
Tình trạng hiệu lực	Không xác định
Cập nhật	năm ngoái