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THE GWERNMENT discharge into irrigation works; the functions, Zasks,

powers and organizatjonal apparatus of the


specialized irrigation work exploitation and
protection inspectorate shall be governed by
No.143/20031ND-CP OF çeparate regulations of the Government.
28, 2003 DETAILING THE HMPLEMEMTATION
OF A N U M B E R OF ARTICLES OF THE
Article 2.-
B R D I N A N C E O N EXPLOITATION AND
PROTECTION OF IRRIGATION WORMS 1. The irrigation work-exploiting State
enterprises conduct public-utility and production
as well as business activities under the provisions
THE GOVERNMENT
of this Decree, the State Enterprise Law and other
law provisions.
Pursuant to the December 25, 2001 Law on
Organization of fhe Government; 2. Water-using cooperative organizations
exploit and protect irrigation works under the
Pursuant to the Water Resources Law of May
provisions of this Decree, the Civil Code, the
20, 7998;
Cooperative Law and other law provisions.

Pursuant to the April 4, 2001 Ordinance on


iExploitaliun and Protection of Irrigation Works; Article 3.- The exploitation and general use of
irrigation works prescribed in Clause 5, Article 3
At the proposa! of the Minister of Agriculture of the Ordinance on Exploitation and Protection
and Rural Development, of Irrigation Works are specified as follows:

1. The irrigation works are exploited and fully


DECREES: used in service of daily life, agricultural production,
forestry, industry, minerat exploitation, electricity
Chapter I generation, communications and transport,
aquaculture, salt production, sports, entertainment,
GENERAL PROVISIONS tourism, convalescence, scientific research and for
other purposes.
Article 1.-
2. The exploitation and integrated use of
1. This Decree details the implementation of a irrigation works must comply with the plannings,
number of articles of the Ordinance on Exploitation plans, procedures, procesç, technical criteria, the
and Protection of Irrigation Works. provisions of this Decree and the provisions of
relevant legislation;
2. The sanctioning of administrative violations
in the field of exploitation and protection of irrigation 3. Organizations and individuals wishing to
works; the bracltet of charge rates for waste water provide services on exploitation and use of
irrigation works for the purposes mentioned in Ordinance on Exploitation and Protection of
Clause 1 of this Article must sign contracts with Irrigation Works must comply with the following
organizations or individuals directly managing the principtes:
irrigation works already decided by the competent
State management agencies. 1. Determining accurâtely the value of the
property at the time of assignment;

Article 4.- The criteria of irrigation works and


2. The exploitation and protection management
systems of important national irrigation works
must comply with the provisions in Article 3 of the
cornply with the provisions in Clause 7, Article 3 of
Ordinance on Exploitation and Protection of
the Ordinance on Exploitation and Protection of
Irrigation Works;
Irrigation Works, including:
3. The persons in charge of technical matters
1. Water reservoirs have the capacity of over
must have certificates of irrigation operation,
1,000,000,000 m3 (one billion cubic meters) each.
granted by training estabtishments of the
agriculture and rural development service or the
2. Water reservoirs have the capacity of
intermediate vocational training diploma (in water
between 1,000,000 m3 (one million cubic meters)
resource) or higher level;
and 1,000,000,000 m3 (one billion cubic meters)
but lie within concentrated population areas or
4. In case of individuals, private enterprises
regions where exist defense or security works.
must be set up for exploitation and protection of
The Minister of Agriculture and Rural irrigation works.
Development shall prescribe the iist of water
Basing themselves on the practical conditions of
reservoirs defined in Clause 2 of this Article.
their respective localities, the provincial/municipal
People's Committees (hereinafierreferredcollectively
Article 5.- The State prioritizes investment in,
to as the provincial-level People's Committees) shall
and support for, repair and upgrading of irrigation
specify the assignment of irrigation works to
worlts in service of daily-life water supply, flooding
cooperative organizations using water or individuals
and drought prevention and combat; scientific and
for management, exploitation and protection.
technological, equipment renovation in service of
the management of the exploitation and protection
Article 7.-The State enterprises which exploit
of irrigation wo:ks.
irrigation works, apart from performing the tasks
prescribed in Article 17 of the Ordinance on
Chapter II Exploitation and Protection of Irrigation Works,
also have to perform the following tasks:
EXPLOITATION OF IRRIGATION WORKS
1. To register their business and conduct
Article 6.- The assignment of irrigation works business strictly according to registered business
to water-using cooperative organizations or lines; take responsibility before the State for their
individuals under the provisions in Article 10 of the business activities and before the customers and
law for the products and services provided by the State management agencies; to observe the
enterprises. inspection regulations of the finance bodies and
competent State agencies according to law
2. To efficiently use, preserve and develop provisions;
capital assigned by the State, including capital
invested in other enterprises [if any); to efficiently 9. To strictly observe the regirnes and
manage and use natural resources, land and other regulations on management of capital, assets and
resources assigned to the enterprises by the State. funds; on book-keeping, accounting, auditing and
other regimes prescribed by the State; to be
To use capital and resources assigned by the
responsible for the truthfulness and legality of the
State for the attainment of business objectives and
enterprises' financial activities;
the performance of other tasks assigned by the
State. 10. To publicize annual financial statements and
information for correct and objective evaluation of
3. To use capital, funding a n d resources
the enterprises' operations.
assigned by the State for the provision of products
or public-utility services for subjects according to
11. In business operations, to fulfill the
the price or charge brackets prescribed in Article
obligations to pay taxes and other State budget
19 of this Decree;
remittances as provided for by law.

4. To work out production and business plans


12. In cases where public-utility enterprises
compatible with the State-assigned tasks and
conduct business activities, separate accounting
market dernands. The annual plans on pubtic-utility
must be conducted under the provisions of law.
activities must be approved by competent State
agencies;
Article 8.-The irrigation work- expioiting State
5. fulfill obligations towards laborers as
TO enterprises, spart from the rights ~rescribedin
provided for by the Labor code, ensuring the Article 18 of the Ordinance On Exp[oitation and
laborerç' participation in the management of Protection of Water Works, shall ais0 be entitled
enterprises; to enjoy the following rights:

6. To observe the State's regulations on 1 , For public-utility activities:


protection of natural resources, environment,
a) To organize their apparatuses suitable to the
national defense and security;
objectives and tasks assigned by the State;

7. To observe the regime of statistical reports, b) To renovate technologies and equiprnent with
periodjcal reports according to the State's capital sources brought about by business
regulations and extraordinary reports at the request activities;
of competent State management agencies; take
c) To open branches, representative offices at
responsibility for the accuracy of the reports;
home and abroad according to law provisions;

8. To submit to the inspection by competent d) To formulate and apply labor and supply
norms, wage unit price on product unit within the organizations exercise the rights and perform the
frameworks of norms and unit prices set by the tasks, prescribed in Articles 17 and 18 of the
State; Ordinânce on Exploitation and Protection of
lrrigation Works as well as other rights and
e) To recruit, hire seasonal laborers, to arrange,
obligations prescribed by this Decree, the Civil
employ and train laborers, to select forms of
Code, the Cooperative Law and other law
payment of wages, bonuses and other interests
provisions.
by employers under the provisions of the Labor
Code and other law provisions; to decide on levels
of wages and bonuses for laborers on the basis of Article 10.- Organizations and individuals that
the wage unit price on product unit or service manage the exploitation and protection of irrigation
charges and efficiency of the enterprises' works as prescribed in Clause 3, Article 9 of the
operations; Ordinance on Exploitation and Protection of
lrrigation Works exercise the following rights and
f) To use the assigned resources for organizing
perform the following tasks:
additional business activities under law provisions,
but without affecting the fulfillment of principal 1 . To exercise the rights specified in Clauses
objectives and the performance of main tasks of 2, 5, 7 and 8, Article 18 of the Ordinance on
public-utility activities assigned to the enterprises Exploitation and Protection of lrrigation Works;
by the State;

g) To make investment, enter into joint ventures 2. To perform the tasks defined in Article 17 of
or cooperation, to contribute stock capital under the Ordinance on Expioitation and Protection of

law provisions when so permitted by competent lrrigation Works;


State bodies.
3. To exercise the rights and perforrn the
2. For business activities: obligations prescribed by the legislation on
enterprises.
a) To exercise the rights prescribed at Points a,
b, c, d and e , Clause 1 of this Article; Article 11.- The subjects allocated funding
b) To engage in production and business lines under the provisions in Article 13 of the Ordinance
compatible with the objectives and tasks assigned on Exploitation and Protection of lrrigation Works
by the State; to expand business scale according shall apply only to the water work- exploiting State
to the enterprises'capability and market dernands; en terprises and water-using cooperative
to conduct additional business in other lines organizations, which manage, exploit and protect
permitted by cornpetent State bodies; the irrigation works built with the State budget or
sources originating from the State budget.
c) To make investment, to enter into joint
ventures or cooperation, to contribute stock capital
Article 12.-
according to law provisions.
The subjects and scope of application of the
Article 9.- Water-using cooperative funding allocation prescribed in Clauses 1 and 2,
Article 13 of the Ordinance on Expioitation and allocation as provided for in Clause 1, Article 12 of
Protection of irrigation works are specified as this Decree must elaborate plans on allocation of
follows: funding for flooding and drought prevention and
combat, which are included in their production and
1. Subjects entitled to funding allocation are
business plans and submit them to the competent
irrigation work-exploiting State enterprises and
State bodies for approval as provided for in Article
water-using cooperative organizations which use
17 of this Decree.
mechanical pumps to conduct water irrigation and
drainage in service of agricultural production. 2. The elaboration of plans on flooding and
drought prevention and combat must take into
2. The allocation of funding for water pumping
account the demands for installation of reserve
to prevent and combat flooding and the atlocatjon
mobile purnping stations which are permitted to
of funding for water pumping against droughts in
operate only in case of emergency in flooding or
excess of the norms shall only apply to pumping
droughts which go beyond the capacity of fixed
stations built under planning or pumping stations
pumping stations and the service scope and
built to add to the operation according to the
acreage as well as electricity, petrol andlor oil
process approved by competent State bodies and
consumption norms of each purnping station must
mobile pumping stations included in the plans on
be clearly determined.
flooding and drought prevention and combat;
3. The Ministry of Agriculture and Rural
3. Funding provided for water pumping against
Development assumes the prime responsibility
flooding only aims to pay for electricity, petrot and
and coordinates with the concerned ministries,
oil for the operation of mechanical pumps to
branches and provincial-level People's
combat flooding;
Committees in summing up the funding estimates
Funding provided for water pumping against for flooding and drought prevention and combat,
droughts only aims to pay for electricity, petrol and report them to the Prime Minister and send them
oil consumed in excess of norms for operation of to the concerned ministries and branches:
mechanical pumps against droughts in excess of
4. The Ministry of Finance assumes the prime
the use norms to pump irrigation water under
responsibility and coordinates with the Ministry of
normal conditions.
Planning and lnvestrnent and the Ministry of
The Ministry of Agriculture and Rural Agriculture and Rural Development in considering
Development shall guide the elaboration of and arranging funding for flooding and drought
electricity, petrol and oil norms for water pumping prevention and combat in the local budget reserves
against droughts as prescribed in Clause 3 of thjs and the central budget and submit them to the
Article. Government for approval together with the annual
budget estimates;

5 . In case of natural disasters, if the expenses


1. Annually, the subjects eligible for funding for electricity, petrol and oil for flooding andfor
drought prevention and combat exceed the annual with high efficiency.
normal levels and the irrigation service charges
are under-collected due to the prescribed charge Arficle 15.- The process of considering and
exemption or reduction for water-using allocating funding for flooding and drought
households, the irrigation work-managing andlor prevention and combat under the provisions in
exploiting units shall be subsidized from the Clauses 1 and 2, Article 13 of the Ordinance on
provincial-levelbudget reserve sources, for tocally- Exploitation and Protection of Irrigation Works shall
run units, or from the central budget reserve be effected as follows:
sources, for centrally-run units.
1 . Basing themselves on the use demands for
In cases where the local budgets, after the
etectricity, petrol and oil in the approved plans for
budget rearrangement, the use of reserve or
flooding and/or drought prevention and combat,
financial reserve funds, are still insufficient, the
the irrigation work-exptoiting State enterprises and
provincial-level People's Committees shall report
water-using cooperative organizations shall
such to the Prime Minister for consideration and
elaborate funding advance estimates for each
decision on the additional allocations from the
production harvest and submit them to the
central budget.
competent State bodies prescribed in Article 17 of
this Decree for approval, and shalt be advanced
Article 14.-The management and operation
with 30% of the approved funding estimates at the
of pumping stations eligible for funding allocation
beginning of each crop season;
under the provisions in Clauses 1 and 2 , Article
13 of the Ordinance on Exploitation and Protection
2. At the end of each production harvest, the
of lrrigation Works must ensure:
irrigationwork- exploiting State enterprises and the
water-using cooperative organization must make
1 . The cornpliance with the process of operating
the systems, the process of operating each work, reports evaluating the situation of water pumping
making the futlest use of capability to take in water in service of flooding and drought prevention and
for drought combat and to drain flood water with combat and the electricity, petrot and oil volumes

self-flowing works; already consumed, and submit them to the


competent State bodies prescribed in Article 17 of
2 . The full recording in operation books this Decree for approval, which shall serve as basis
according to technical process; for settlernent of the entire funding already used.

3. The installation of electricity rneters at the


pumping stations in service of water pumping Article 16.- The allocation of funding for

against flooding andfor droughts separately from irrigation work- exploiting State enterprises and/
the additional charges in service of other purposes; or water-using cooperative organizations to offset
irrigation charge revenue/losses due to crop
4. Machinery, equipment, stations and canals, faiiures as provided for in Clause 4, Article 13 of
water-conducting and-draining canals must be the Ordinance on Exploitation and Protection of
repaired, well maintained and ready for operation lrrigation Works is specified as follows:
1. In cases where natural disasters cause crop budget for natural disaster prevention and combat,
failure, productivity and output losses and the water prescribed in Clause 5, Article 13 of this Decree
users request irrigation charge exemption or for allocation to irrigation work-exploiting State
reduction, the irrigation work-exploiting State enterprises andlor water-using cooperative
enterprises and/or water-using cooperative organizations.
organizations shall have to report thereon to the
competent agencies prescribed in Article 17 of this Article 17.- Competence to approve plans and
Decree for setting up the field inspection teams settlement of funding for flooding and drought
wjth the participation of representatives of the local prevention and combat, the allocation of funding
administrations, or water users, representatives of for cases of irrigation charge revenue [osçes due
farming, statistical, planning and finance sectors. to crop failure caused by natural disasters is
stiputated as follows:
The field inspection teams shall consider and
evaluate the damage extents and make written
1. The Ministry of Agriculture and Rural
reports thereon to the competent State bodies
Development approves the plans and settlernent
prescribed in Article 17 of this Decree for
of funding for the irrigation work-expioiting
consideration and issuance of decisions on the
enterprises under the Ministry;
allocation of funding to cases of irrigation charge
revenue losses. 2. The provincial-levei People's Committees
approve the plans and settlement of funding for
2. The irrigation work- exploiting State
irrigation work-exploiting State enterprises run by
enterprises andlor water-using cooperatives shali
provinces or districts.
compile dossiers of application for the granting of
funding for the lost amounts of irrigation charge In cases where irrigation work-exploiting State
revenue and submit them to the competent State enterprises serve many provinces but do not
agencies defined in Article 17 of this Decree for belong to the Ministry of Agriculture and Rural
approval. Developrnent, the provincial-level People's
Committees which directly manage such
The irrigation charges shal[ be exempt or
enterprises are competent to approve the plans
reduced at the following levels:
and funding settlement at the requests of the
a) Reduction of 50% of the irrigation charges
system-managing councils.
for loss of under 30% of the output;
3. The district-level People's Committees
b) Reduction of 70% of the irrigation charges
approve plans and fundlng settlement for water-
for loss of between 30% and 50°h of the output;
using cooperative organizations.
c) Exemption of the irrigation charges for loss
of 50% of the output or higher.
Article 18.- The allocation of funding for
3 . Funding allocated to cases of irrigation restoration of irrigation works destroyed by natural
charge revenue losses due to crop failure caused disasters under the provisions in Clause 5, Article
by natural disasters shall be taken from annual 13 of the Ordinance on Exploitation and Protection
of Irrigation Works is stipulated as foilows: Irrigation Works is specified as follows:

1. In cases where force majeure natural a) The irrigation charges are collected in

disasters damage works and work items in the Vietnam dong.

system, the irrigation work-exploiting State Localities meeting with exceptional socio-
enterprises andfor water-using cooperatives shall economic difiiculties are exempt from irrigation
have to conduct inspection and surveys, fuily charges.
determine the darnage, rnake reports thereon, and
Localities meetina with socio-economic
u
at the same time draw up schemes on work repair
djfficulties enjoy the irrigation charge reduction of
and restoration according to the current order and
between 50% and 70%.
arocedures for management
- of investment and
capital construction and submit thern to the The determination of the above localities shall
competent State bodies for approval according to cornply with the provisions in Clauses 8 and 9.
law provisions; Article 2 of the Law on Domestic Investment
Promotion.
2. The allocation and use of funding for Basing themselves on the practical situation of
restorationof works destroyed by natural disasters
their localities, the provincial-level People's
shall comply with the investment and capital Committees shall specify cases of exemption or
construction management order and procedures reduction and arrange budget for the above cases.
and other law provisions.
b) The irrigation charge rate bracket for
organizations and individua[s using water for
Article 19.-
cultjvation of rice, vegetables, subsidiary food
crops, winter crops, short-term industrial plants:
1. The irrigation charge and water-using levy
bracket prescribed in Clause 4, Article 14 of the - lrrigation charge rate bracket for land under
Ordinance on Exploitation and Protection of rice:

Unit: VND 1,00O/ha

Winter- Summer-
Summer
No. Regions and work measures Spring Auturnn
rice
rice rice
----
I Mountainous areas nationwide

- Irrigation and drainage by motors 320 - 650 260 - 600

- Irrigation and drainage by gravity 270 - 600 220 - 560

- lrrigation and drainage by gravity in combination


with motors 300 - 630 250 - 500

II Red River delta


- lrrigation and drainage by motors

- lrrigation and drainage by gravity

- lrrigation and drainage by gravity in combination


with motors

III Northern midlands and Northern Region IV

- lrrigation and drainage by motors

- lrrigation and drainage by gravity

- lrrigation and drainage by gravity in combination


with motors

IV Southern Region IV and central coast

- lrrigation and drainage by motors

- lrrigation and drainage by gravity

- Irrigation and drainage by gravity in combination


with motors

v Central Highlands

- lrrigation and drainage by motors


- lrrigation and drainage by gravity
- lrrigation and drainage by gravity in cornbination
with motors

VI Eastern South Vietnam

- lrrigation and drainage by motors


- lrrigation and drainage by gravity

- lrrigation and drainage by gravity in combination


with motors

VI1 Mekong River delta

- lrrigation and drainage by motors


- Irrigation and drainage by gravity
- lrrigation and drainage by gravity in combination
with motors
For cases of partial self irrigation or drainage, crops, short-term industrial plants, including winter
the rate shall be equal to between 50% and 70% crops, the minimum irrigation charge rates shall
of the above rates. range between 30% and 50% of the collection levei
for rice irrigation.
For cases of creation of irrigation sources,
drainage, the rates shall range between 40% and c) The irrigation charge bracket applicable to
60% of the above rates. salt production is calculated as being equal to 2%
For cases of taking advantage of sea tide for of the finished-product salt.
irrigation or drainage, the rates shall be equal to
d) The water-using levy bracket for
70% of the irrigation and drainage charge rates organizations and individuais that use water or
in regions not affected by sea tide.
provide services from irrigation works for purposes
- For areas under vegetables, subsidiary food other than food production:

Collection by work
measures
No. Water-using subjects Unit
Electric Reservoir
pumping dams, canals

1 Supply water for use in industrial and


cottage-industrial production V N D / ~ ~500
~ + 1,000 250 -. 500
2 Supply water for daily-life water plants,
husbandry VND/rn3 300 + 800 250 + 500
3 Supply water for irrigation of long-term industrial
plants fruit trees, flowers, pharmaceutical plants V N D / ~ ~ 350 + 500 250 + 450
4 Supply water for aquaculture V N D / ~ ~ ~200 + 500 150 + 350
V N D / ~ ~ 100 + 800
of open water
surface
5 -Aquaculture in irrigation reservoirs % of the output value 7%+fO%
- Cage-fish rearing 8% + 10%
6 Transport through dry [ock, sluice gate of
irrigation systems:
- Boats, barges VND/ton/transportation 2,000 4 3,000
- Assorteci rafts ~~~/m*/transportat!on 500 t 1,000
7 Using water from irrigation works for electricity % of value of commercial 8% + 12%
generation electricity output
8 Using irrigation work for tourist business, rest and Total turnover value 10 t 15%
creation, convalescence, entertainment (including
business in golf courts, casino, restaurants)
In cases where water is taken in volume, the and cooperatives using water, which directly
water charge bracket shall be calculated from the manage, exploit and protect irrigation works, have
water-receiving places of water-using organizations the responsibility to renovate and regularty maintain
or individuals. the irrigation works.

2. The irrigation charge bracket prescribed in 3. Funding for renovation and regular
Clause 1 of this Article is calculated frorn the starting maintenance of irrigation works shall be taken from
positions of the canals of the water-using cooperative irrigation charges, water-using levies and reserve
organizations. The irrigation charge rates within the budget sources to offset the charge arnounts lost
service scope of the water-using cooperative due to crop failure caused by natural disasters as
organizations shall be agreed upon between such provided for in Clause 5, Article 13 of this Decree,
cooperatives and organizations or individualsdirectly and the irrigation charge and water levy amounts
using the water according to the rate bracket exempt or reduced for the tocalities meeting with
prescribed in Clause 3 of this Article. economic difficulties and localities meeting with
exceptional economic difficulties as provided for at
3. The provincial-level People's Cornmittees shall
Point a, Clause 1, Article 19 of this Decree.
base themselves on the irrigationcharge rate, water-
using levy brackets prescribed in Clause 1 of this 4. Annually, the central budget and the local
Article to prescribe the specific charge rates suitable budgets shall arrange a portion to support irrigation
to the practicalconditions of the local works systems work-exploiting enterprises in cases where the
under the decentralization of management of works; collected irrigation charge amounts are not enough
to prescribe the irrigation charge rate and water- to offset the expenses for repair and operation of
using levy within the service scope of the water-using irrigation works.
cooperatives.
5. The renovalion and maintenance of irrigation
4. At places where conditions permit the irrigation works may be performed by public laborers under
charge rates and water-using levy shall be collected the provisions of legislation on public labor
in cubic meters of used water. obligations.

The Ministry of Agriculture and Rural 6 . The Ministry of Agriculture and Rural
Developrnent shall guide methods and procedures Developrnent shall coordjnate with the Finance
for collection and payment of irrigation charges and Ministry in guiding the spending regimes and levels
water levies by cubic meters. for renovation and regular maintenance of irrigation
works and arrange fundjng as provided for in Clause
Article 20.- 4 of this Article.

1. The Ministry of Agriculture and Rural


Development and the provinciat-level People's
Cornmittees shati have to organize and direct the
1. The modes and time of payment of irrigation
renovation and regular maintenance of irrigation
charges and water levies by organizations and
works under their respective management.
individuals benefiting from irrigation works as
2. The State enterprises exploiting irrigation works prescribed in Clause 1, Article 16 of the Ordinance
on Exploitation and Protection of lrrigation Works have to examine, urge and organize the collection
are specified as follows: and payment of irrigation charge and water-using
levies in their localities.
a) lrrigation work-exploiting enterprises and
water-using cooperative organizations must sign 2. The payrnent of electricity charges between
irrigation and drainage contracts right at the irrigation work-exploiting State enterprises or water-
beginning of production harvests with organitations using cooperatives and the electricity business
or individuals providing services or using water and enterprises as provided for in Clause 2, Article 16 of
collect the irrigation charges under the signed the Ordinance on Exploitation and Protection of
contracts within no more than one month after the lrrigation Works shall be made once every six
production harvests; months.
b) Basing thernselves on the irrigation charge
ln case of delayed payment, the irrigation work-
rates prescribed in Article 19 of this Decree and the
exploiting State enterprises and the water-using
irrigation and drainage contracts signed at the
cooperatives must bear the interests on the delayed
beginning of the harvests, the irrigation work-
payment at the demand savings interest rates of the
exploiting State enterprises and water-using
Sîate Bank of Vietnam at the time of payrnent to the
cooperatives shall draw up irrigation charge
electricity business enterprises on the outstanding
collection plans and subrnit them to the competent
electricity charge amounts.
State bodies defined in Article 17 of this Decree for
approval; The charges on electricity used for pumping to
combat flooding or drought as provided for in
c) The irrigation work- exploiting State
Clauses 1 and 2 , Article 13 of the Ordinance on
enterprises, water-using cooperatives shall
Exploitation and Protection of lrrigation Works shall
coordinate with cornrnune/ward/township People's
be paid immediately after the State budget allocation
Cornmittees in opening irrigation charge and water
is made.
levy collection book for each water-using
organization or individual, which shall serve as basis
for signing water-using contracts and collecting, Chapfer III
paying irrigation charges and water levies according
PROTECTION OF IRRIGATION WORKS
to regulations;
d) Agricultural production househotds provided
Article22.-The change of use criteria, scale and
with irrigation andfor water drainage services must
purpases of existing irrigation works and the
pay irrigation charges to irrigation work-exploiting
construction of new irrigation works for addition to
State enterprises or water-using cooperatives within
the system of the existing irrigation works under the
one month after the completion of harvests; if they
provisions in Article 24 of the Ordinance on
detay the payrnent, they must bear the interests on
Exploitation and Protection of lrrigation Workç are
late payment at the demand savings interest rates
stipulated as follows:
of Vietnam State Bank at the time of payment for
the electricity business enterprises on the 1. The State bodies competent to approve the
outstanding electricity charge amounts. investment projects for construction of any irrigation
e) The People's Cornmittees of al1 levels shall works shall be competent to decide on the change
of use criteria, scale andfor purposes of such 2. Planting perennial trees;
irrigation works and to approve the construction of
3. Exploiting tourist, sport, scjentific research
new irrigation works for addition to the system of
activities as well as business and service activities;
existing irrigation works;
4. Communications and transport activities of
2. For irrigation works of grade I or higher with
motorized vehicies, excluding Mo-wheelers, three-
investment projects not being approved by the
wheelers, motorcycles and motorized wheelchairs;
Ministry of Agriculture and Rural Developrnent, the
change of use criteria, scale and purposes of the 5. Building warehouses, loading and unloading
existjng irrigation works and the construction of new wharves and yards; rallying raw materials, fuel,
irrigation works for addition to the irrigation work materials, supplies, means;
systems must be agreed upon in writing by the
Ministry of Agriculture and Rural Development. 6. Building stables and farms for cattle ranching,
aquaculture;

Article 23.-The scope of protection of important 7. Burying discarded substances, wastes;


national irrigation works as provided for in Clause 6,
Article 25 of the Ordinance on Exploitation and 8 . Mine exploding and other non-harmful
Protection of Irrigation Works shall be: exploding activities;

1. The scope of the vicinities to the important 9. Building underground works, including oil
national irrigation works under the provisions in pipelines, electric cables, communications cables,
Article 4 of this Decree, being prescribed as from water supply or drainage pipe lines.
the foot of the principal dam outward is 500 m;
Article 25.-Within the scope of irrigation works
2. Within the above-mentionedscope, the vicinity protection, prescribed in Article 25 of the Ordinance
is divided into two parts: The part which must not be on Exploitation and Protection of Irrigation Works
encroached upon shail be 750 m from the foot of and Article 23 of thjs Decree, houses and works
the principai dam; the rernaining part shall be used constructed before the promulgation of this Decree
for activities which do not cause unsafety to the whole must be al1 considered and handled according to
dam. the following regulations:

Article 24.- Within the scope of protection of 1 . Houses and works already constructed within
irrigation works, activities must be given permits the vicinity areas which must not be encroached
prescribed in Clause 3, Article 26 of the Ordinance upon and works directly encroaching upon irrigation
on Exploitation and Protection of Irrigation Works, works must be disrnantled, removed to other places,
including: and the initial state must be restored, in order to
ensure safety for the irrigation works according to
1. Drilling, digging for geological prospection,
their designs;
survey, exploration, construction of underground
water-exploiting works; drilling, digging for mineral 2. Houses and works constructed within the
exploration andtor expioitation; drilling, digging for protection areas, except for cases prescribed in
exploration and/or exploitation of building materials; Clause 1 of this Article, depending on the extent of
their impact on the saiety of irrigation works, must country;
be dismantled, removed to other places or
3. Subrnittingto the Government for consideration
considered for continued use which, however, rnust
and approval, and directing the implementation of,
satisfy the technical requirements and be agreed in
plannings, plans and investment projects on addition,
writing by the Ministry of Agriculture and Rural
perfection or upgrading of irrigation work systerns
Development.
related to many branches, many localities;
considering and approving or agreeing in writing to
Article 26.- Basing themselves on this Decree let the provincial-levet People's Committees consider
and relevant Iaw provisions, the provincial-level and approve investment projects on addition,
People's Cornmittees shall prescribe the conditions perfection or upgrading of works systems already
and consider and handle the dismantlement, decentralized under the current regulations on capital
removal or the continued use of the existing houses construction;
and works in the areas of irrigation work protection
in localities; prescribe the decentralization of 4. Elaborating and submitting to the Government
handling of the above cases and adopt policy for for promulgation or promulgatingaccording to its own
each specific case according to the current competence legal documents, processes,
regulations. procedures, criteria and norms on exploitation and
protection of irrigation works;

5. Approving plans on protection of irrigation


works under the Agriculture and Rural Development
STATE MANAGEMENT OVER THE Ministryls management; deciding according to
EXPLO1TATION AND PROTECTION OF cornpetence or subrnitting to the Prime Minister for
IRRiGATION WORKS decision the handiing measures in cases where
irrigation works are in danger of causing incidents;
Artj~I,n27.-TheMinistryofAgriculture and Rural directing the regutation and distribution of water
Development takes responsibi[ity before the SOUrCeS of irrigation works in Case of droughts, with

management over the exploitation and protection plans On flOOding and draught prevention and
of irrigation works, including: combat nationwide;

6. Granting and withdrawing permits or


1. Assuming the prime responsibility for, and
authorizing the provincial-levelPeople's Committees
~00rdinati~g
with the concerned ministries, branches
to grant and withdraw permits for discharging waste
and provincial-level People's Committees in,
water lnto irrigation works and activities within the
formulating and directing the implernentation of
irrigation work protection scope;
strategies, plannings, plans and policies on
exploitation and protection of irrigation works; 7. Organizing the specialized inspection of the
exploitation and protection of irrigation works; settling
2. Performing the uniform State management
disputes, cornplaints and denunciations in the field
over the elaboration and implernentation of
of exploitation and protection of irrigation works;
investment projects on addition, perfection and/or
upgrading of irrigation work systems throughout the 8. Summing up and proposing the Government
to handle matters in international relations regarding flows;
the domain of exploitation and protection of irrigation
3. The Ministry of Construction shall assume the
works;
prime responsibility and coordinate with the Ministry
9. Suggesting and submitting to the Government of Agriculture and Rural Development in drawing
the functions, tasks, powers and organizational up, and organizing the implementation of, the
system of agencies exercising the State plannings on water supply and drainage systems
management over exploitation and protection of for urban centers, population quarters, industrial
irrigation works; organizing scientific research, the zones within the irrigation work systems, ensuring
application of scientific and technological advances the compatibility with the plannings, process for
to the exploitation and protection of irrigation works; operation of irrigation works and not polluting the
training personnel and propagating and water environment;
disseminating legislaiion on exploitation and
4. The Ministry of Natural Resources and
protectjon of irrigation works;
Environment shall assume the prime responsibility
10. Exercisingthe right to represent the owner of and coordinate with the Ministry of Agriculture and
the State capital portions at the irrigation work- Rural Development in guiding the elaboration of
exploiting State enterprises under the Ministry's schernes on use of land resources; the schemes on
management according to Iaw provisions. exploitation, use and protection of water resources;

5. The Ministry of Planning and lnvestment shall


Article 28.- The rninistries and branches shall,
assume the prime responsibility and coordinate with
according to their respective functions and tasks,
the Ministry of Agriculture and Rural Development
petform the State management over the exploitation
as well as the concerned ministries, branches and
and protection of irrigation works as follows:
provincial-levelPeople's Cornmittees in synthesizing
1. The lndustry Ministry shall assume the prime plans on investment in projects for exploitation and
responsibility and coordinate with the Ministry of protection of irrigation works, then submit them to
Agriculture and Rural Development in formulating, the Prime Minister for consideration and decision;
or organizing the formulation of, the process of 6. The Ministry of Finance shall assume the prime
operation of irrigation works, ensuring the general responsibility and coordinate with the Ministry of
effective and safe exploitation of irrigation works; Agriculture and Rural Development as well as the
concerned rninistries and branches in arranging
2. The Ministry of Communications and Transport
funding for flooding and drought prevention and
sl-iall assume the prime responsibility and coordinate
combat; formulating financial policies in the
with the Ministry of Agriculture and Rural
management of exploitation and protection of
Development in drawing up, and organizing the
irrigation works and overcoming of consequences
implementation of, the planning on waterway
upon the occurrence of incidents to irrigation works;
cornmunicat~onsnetworks within the irrigation work
systems, or making full use of the existing irrigation 7. The Ministry of Public Security, the Ministry of
works for communications purposes, ensuring the Defense and the people's armed forces shall
compatibility with the plannings on irrigation work coordinate with the Ministry of Agriculture and Rural
systems, work safety and not obstructing the water Development in directing the prevention of acts of
sabotage, ensuring safety for irrigation works and plans on flooding and drought prevention and
overcoming consequences upon the occurrence of combat in their respective localities; approval of
incidents to irrigation works. schemes on protection of irrigation works under the
guidance of the Ministry of Agriculture and Rural
Article 29.- The provincial-level People's Development;
Cornmittees shall perform the State management
7. Organization of speciafized inspection of the
over the exploitation and protection of irrigation
exploitation and protection of irrigation works;
works, covering:
settlement or participation in the settlement of
1. The elaboration and direction of the disputes over the exploitation and protection of
implementation of plannings, plans on exploitation irrigation works; handling of violations of the
and protection of irrigation works in their respective legistation on exploitation and protection of irrigation
localjties; works in their respective localities according to the
provisions of the Ordinance on Exploitation and
2. The direction of the elaboration of plans on
Protection of Irrigation Works and other law
flooding and drought prevention and combat in their
provisions; the propagationand dissemination of the
respective localities;
legislation on the exploitation and protection of
3. The elaboration, subrnission for approval, irrigation works in their respective localities;
organization of the implernentation of investment
8. lrnplementation of international treaties in the
projects on addition, perfection or upgrading of
field of exploitation and protection of irrigation works,
irrigation work systems in their localities under the
which the Socialist Republic of Vietnam has signed
guidance of the Ministry of Agriculture and Rural
or acceded to;
Development;
9. Exercise of the rigt-it to represent the owners
4. The guidance for implementation of the
of the State's capital portions at the irrigation work-
regulations of the Government, ministries and
exploiting State enterprises under the local
branches on exploitation and protection of irrigation
management according to law provisions.
works in their respective localities;

5. The granting and withdrawal of permits for


discharging waste water into irrigation works and
permit-requiring activities within the irrigation worlc IMPLEMENTATION PROVISIONS
protection scope under the provisions of this Decree
and the guidance of the Ministry of Agriculture and Article 30.-This Decree takes effect 15 days afier
Rural Development; its publication in the Official Gazette.

6. Issuance of decisions according to It replaces the Government's Decree No.981CP


competence on handling measures in cases of of December 27,1995 detailing the implementation
possible occurrence of incidents to irrigation works of the Ordinance on Exploitation and Protection of
according to the provisions of this Decree and other lrrigation Works and Decree No. 112-HDBT of
law provisions; regulation and distribution of water August 25, 1984 of the Council of Ministers (now
sources of irrigation works in case of droughts, with the Governmenl) on collection of irrigation charges.
priority being given to daily-life water; synthesis of All previous regulations contrary to this Decree
are hereby annulled.

Article 37.-The Minister of Agriculture and Rural


Development, other ministers and heads of
concerned branches shall have ta guide the
irnplementation of this Decree.

Article 32.-The ministers, the heads of the


ministerial-level agencies, the heads of the
Government-attached agencies and the presidents
of the provincial/municipal People's Cornmittees
shall have to implernent this Decree.

On behalf of the Government


Prime Minlster
PHAN VAN KHAl

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