Circular No. 05/2018/TT-BNNPTNT dated May 15, 2018 on detailing a number of articles of the Law on Hydraulic Work

CIRCULAR

Detailing a number of articles of the Law on Hydraulic Work^[1]

Pursuant to the June 19, 2017 Law on Hydraulic Work;

Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

At the proposal of the General Director of the Directorate of Water Resources;

The Minister of Agriculture and Rural Development promulgates the Circular detailing a number of articles of the Law on Hydraulic Work.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular prescribes the development, promulgation and implementation of operation processes of hydraulic structures; places for delivery and receipt of hydraulic work products and services; planting of boundary markers of the protection corridors of hydraulic structures; and management and exploitation of small and on-farm hydraulic structures.

Article 2.Interpretation of terms

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

1. Operation process of a hydraulic structure means a document defining the principles, responsibilities, organization of implementation, operation sequence and technical specifications of a hydraulic structure for agricultural production, daily-life activities and other economic sectors, ensuring the safe operation of such structure according to its design and the harmony of benefits among water use demands (below referred to as operation process).

2. Boundary marker of the protection corridor of a hydraulic structure means a marker setting a boundary line between the protection corridor of such hydraulic structure and areas outside this protection corridor (below referred to as boundary marker).

3. Reference marker means an existing marker or a newly established marker which is used as substitute for a boundary marker in case it is impossible to plant a boundary marker under regulations.

4. Buffer water drainage means the operation of a hydraulic structure for the purpose of draining off a water volume when it is forecasted that flooding is likely to occur as a result of heavy rains.

Chapter II

OPERATION PROCESSES OF HYDRAULIC STRUCTURES

Article 3. Requirements for operation processes of hydraulic structures

1. To ensure safety for structures, people and assets in relevant areas.

2. To ensure the provision of hydraulic work products and services according to the design tasks of structures.

3. To conform with operation processes of reservoirs or inter-reservoirs related to structures as approved by competent state agencies.

4. To ensure the harmony of interests and mitigation of adverse impacts on relevant areas; to effectively promote the integrated exploitation of hydraulic structures serving multiple purposes.

5. To ensure publicity and transparency with the involvement of organizations and individuals in the provision and use of hydraulic work products and services.

Article 4.Contents of an operation process of particularly important hydraulic structures, major hydraulic structures and medium-sized hydraulic structures

1. The legal ground for development of the process, principles of operation of the structure, main technical specifications, and tasks of the structure.

2. Regulations on operating water irrigation and supply

a/ Order of operating water irrigation and supply of a structure, in case of water sources satisfying the design tasks under normal conditions;

b/ Order of operating water irrigation and supply of a structure upon occurrence of drought, water shortage, saltwater intrusion or water pollution on the principles prescribed at Points a, b and c, Clause 2, Article 26 of the Law on Hydraulic Work.

3. Regulations on operating water drainage

a/ Order of operating water drainage; water level and flow of a structure according to the design tasks under normal conditions;

b/ Order of operating water drainage; water level and flow of a structure upon occurrence of flood, inundation or waterlogging on the principles prescribed at Points a and d, Clause 2, Article 26 of the Law on Hydraulic Work.

4. Regulations on operation of a structure upon flood prevention, flood tide prevention, saltwater supply, saltwater intrusion prevention, stoppage and desalinization, alum removal, freshwater retention or water quality improvement.

5. Regulations on operation of a structure when incidents are likely to occur or occur and in other cases.

6. Regulations on locations of measuring stations; monitoring and specifications related to operation of a structure; storage of documents on hydrometeorological monitoring.

7. Regulations on responsibilities and powers of organizations and individuals involved in the implementation of the operation process.

8. Regulations on organization of the implementation, and modification, of the operation process.

Article 5.Contents of an operation process of small hydraulic structures

1. Regulations on operation of water irrigation and supply works of a hydraulic structure in case of water sources meeting the design tasks under normal conditions; and operation of water irrigation and supply works upon occurrence of drought, water shortage or saltwater intrusion.

2. Regulations on operation of water drainage works according to the design tasks under normal conditions; and operation of water drainage works upon occurrence of flood, inundation or waterlogging.

3. Regulations on operation of a structure when incidents are likely to occur or occur.

4. Regulations on responsibilities and powers of the structure-managing or -exploiting organizations and individuals for the implementation of the operation process.

5. Specific contents of an operation process are provided in Form No. 3 in Appendix I to this Circular.

Article 6.Development of operation processes of hydraulic structures

1. For a particularly important hydraulic structure, major hydraulic structure or medium-sized hydraulic structure

a/ To propose a task of formulating an operation process of the structure;

For a new or upgraded hydraulic structure, the project owner shall propose such task when formulating the project;

For a hydraulic structure which is exploited without an operation process or the existing operation process is no longer appropriate, the organization managing and exploiting it shall propose such task in the production and business plan;

b/ To select a unit to develop an operation process of the structure in accordance with the bidding law;

c/ To organize the development of an operation process of the structure;

d/ To collect opinions on the draft operation process of the structure from on-farm irrigation units, hydraulic structure exploiters and related agencies and organizations;

dd/ To appraise the operation process;

e/ To submit and approve the operation process.

2. For a small hydraulic structure, the organization or individual currently exploiting it shall develop an operation process according to Article 5 and Form No. 03 provided in Appendix I to this Circular.

Article 7.Appraisal of operation processes of particularly important hydraulic structures, major hydraulic structures or medium-sized hydraulic structures

1. Dossiers of operation processes submitted for appraisal

An organization or individual requesting the approval of a hydraulic structure operation process shall send a dossier, comprising one set with paper documents and one set with electronic documents, directly or by post to the dossier-receiving agency specified in Clause 3 this Article. The dossier must comprise:

a/ A written request for approval of an operation process, made according to Form No. 04 provided in Appendix I to this Circular;

b/ A draft operation process, made according to Form No. 02 provided Appendix I to this Circular;

c/ A report explaining the results of technical calculations;

d/ Written opinions of on-farm irrigation units, hydraulic structure exploiters and related agencies and units;

dd/ A map of the current state of the hydraulic structure.

2. Contents of appraisal

a/ To check the legal ground and necessity of the development of the hydraulic structure operation process and the dossier submitted for appraisal;

b/ To check and evaluate the reliability of documents used for calculation and results of calculations in operation cases;

c/ To collect opinions from related organizations, agencies and units.

The Directorate of Water Resources shall collect opinions from provincial-level People’s Committees and related units on operation processes of particularly important hydraulic structures and hydraulic structures of which the exploitation and protection involve 2 or more provinces;

Provincial-level Departments of Agriculture and Rural Development shall collect opinions from district-level People’s Committees and related agencies on draft operation processes of hydraulic structures in their localities, except operation processes of small hydraulic structures.

d/ To consider and evaluate the reasonability and feasibility of the draft operation process.

3. Agencies appraising operation processes

a/ The Directorate of Water Resources shall receive dossiers and organize the appraisal of operation processes of particularly important hydraulic structures and hydraulic structures of which the exploitation and protection involve 2 or more provinces;

b/ Provincial-level Departments of Agriculture and Rural Development shall receive dossiers and organize the appraisal of operation processes of hydraulic structures in their localities, except those specified at Point a of this Clause and small hydraulic structures;

c/ District-level specialized agencies in charge of state management of hydraulic work shall act as the focal point in receiving dossiers and organizing the appraisal of operation processes of structures decentralized to district-level People’s Committees for approval.

4. Order and procedures for appraisal

a/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall check the dossier. If the dossier is invalid, this agency shall notify such to the requester for completing the dossier under regulations;

b/ Within 30 working days after receiving a complete and valid dossier, the dossier-receiving agency shall organize the appraisal of such dossier and submit it to the competent authority for approval. If refusing to approve the dossier, the dossier-receiving agency shall notify such in writing to the requester and return the dossier to the latter for completing the dossier.

5. For a new or upgraded hydraulic structure, the project owner shall develop an operation process according to the order and procedures prescribed in Article 6, and Clauses 1, 2, 3 and 4 of Article 7, of this Circular.

Article 8.Councils for appraisal of hydraulic structure operation processes

1. For an operation process of a particularly important hydraulic structure, major hydraulic structure, or hydraulic structure of which the exploitation and protection involve 2 or more provinces, a council for appraisal of the operation process of such structure shall be formed.

2. An appraisal council shall be decided by the agency approving the operation process. The appraisal council must have between 7 and 11 members, depending on the nature of each structure as decided by the agency approving the operation process, including the chairperson, vice chairperson, secretary member, criticism member, and members who are representatives of the appraisal agencies, local specialized agencies, structure-managing and -exploiting organizations, and experts.

3. The appraisal council shall work on a collegial basis, collect opinions on the majority principle, and be dissolved after accomplishing its tasks.

4. The appraisal council shall advise the appraisal agency on contents related to the operation process of the hydraulic structure.

Article 9.Competence to approve hydraulic structure operation processes

1. The Ministry of Agriculture and Rural Development shall approve operation processes of particularly important hydraulic structures and hydraulic structures of which the exploitation and protection involve 2 or more provinces.

2. Provincial-level People’s Committees shall approve or decentralize district-level People’s Committees to approve operation processes of hydraulic structures in their localities, except those specified in Clause 1 and small hydraulic structures.

3. A decision approving the operation process of a hydraulic structure shall be made according to Form No.1 provided in Appendix I to this Circular.

Article 10.Adjustment of hydraulic structure operation processes

1. When water use demands or water sources or the size and tasks of a structure change, the hydraulic structure operation processes shall be adjusted.

2. The contents of, and order and procedures for, adjustment of hydraulic structure operation processes must comply with Articles 3 thru 8 of this Circular.

Article 11.Announcement of operation processes

1. Approved operation processes and their appendices shall be sent to related agencies right after the decisions promulgating these processes are signed.

2. Operation processes of particularly important hydraulic structures, major hydraulic structures and medium-sized hydraulic structures shall be published on portals or websites of approval agencies, appraisal agencies, and structure managers and exploiters.

3. Operation processes of small hydraulic structures shall be publicized at head offices of structure exploiters, head structures and commune-level People’s Committees involved in the operation of such structures.

Article 12.Organization of the implementation of operation processes

1. Organizations or individuals exploiting hydraulic structures shall operate these structures according to the approved processes.

2. The operation of hydraulic structures shall be recorded by the hydraulic structure-exploiting organizations and individuals in operation logs of the structures.

3. Hydraulic structure-exploiting organizations shall report the results of operation to the structure managers on March 31 every year at the latest.

4. After 5 years of the implementation of a hydraulic structure operation process, the hydraulic structure-exploiting organization shall review and evaluate the result of implementation and send it to the owner or manager of the structure. Provincial-level Departments of Agriculture and Rural Development shall report the result of implementation of the operation processes in their localities to the Directorate of Water Resources.

5. Reports on the result of implementation of a hydraulic structure operation process shall be made according to Forms No. 06 and No. 07 in Appendix I to this this Circular.

Article 13.Funds for development and adjustment of operation processes

1. Funds for development and adjustment of operation processes of new or upgraded hydraulic structures shall be included in the total construction investments of the hydraulic structures.

2. Funds for development and adjustment of operation processes of hydraulic structures under exploitation shall be taken from the funding source for the management and exploitation of the hydraulic structures or other funding sources as decided by the hydraulic structure owners.

Article 14.Operation processes of reservoirs

The development, adjustment, approval, announcement, and organization of implementation of operation processes of reservoirs must comply with the Government’s regulations on safety management of dams and reservoirs.

Chapter III

DECENTRALIZATION OF HYDRAULIC STRUCTURE MANAGEMENT AND PLACES FOR DELIVERY AND RECEIPT OF HYDRAULIC WORK PRODUCTS AND SERVICES

Article 15.Decentralization of hydraulic structure management

1. The Ministry of Agriculture and Rural Development shall manage particularly important hydraulic structures.

2. The Ministry of Agriculture and Rural Development shall manage or decentralize provincial-level People’s Committees to manage hydraulic structures of which the exploitation and protection involve 2 or more provinces. The list of assignment of the management of hydraulic structures of which the exploitation and protection involve 2 or more provinces is provided in Appendix II to this Circular.

The Minister of Agriculture and Rural Development shall decide on the adjustment and supplementation of the list of hydraulic structures decentralized to provincial-level People’s Committees for management based on the effectiveness of structure management in localities.

3. Provincial-level People’s Committees shall manage or decentralize district-level People’s Committees to manage hydraulic structures in their localities depending on specific local conditions, except those specified in Clauses 1, 2 and 4 of this Article.

4. Organizations and individuals investing in building hydraulic structures shall manage such structures.

5. The decentralization of management of head hydraulic structures performing dike-related tasks must comply with the law on dikes and relevant regulations.

Article 16.Locations of places for delivery and receipt of hydraulic work products and services

1. Places for delivery and receipt of hydraulic work products and services between organizations exploiting hydraulic structures under the Ministry of Agriculture and Rural Development’ management and organizations exploiting hydraulic structures under localities’ management are the locations determined according to the decentralization decisions of the Minister of Agriculture and Rural Development.

2. Places for delivery and receipt of hydraulic work products and services between structure-exploiting organizations or individuals and on-farm irrigation units are the locations determined based on the size of on-farm hydraulic work defined in Clause 3 of this Article.

3. The size of an on-farm hydraulic structure shall be specified according to the area under the design irrigation or drainage in each region as follows:

a/ Mountainous areas: not exceeding 50 ha;

The determination of mountainous communes and districts must comply with the Prime Minister’s decisions.

b/ The Red River delta: not exceeding 250 ha;

c/ Midland, Central Coast, Central Highlands, and Southeastern regions: not exceeding 200 ha;

d/ The Mekong River delta: not exceeding 400 ha.

In case an on-farm irrigation unit meets the conditions on capacity, the expansion of the size of on-farm hydraulic work shall be decided by the provincial-level People’s Committee.

4. In case a specific location cannot be determined, the provider and user of hydraulic work products and services shall reach agreement on a place for delivery and receipt of hydraulic work products and services.

Article 17.Competence to decide on the decentralization of hydraulic structure management and places for delivery and receipt of hydraulic work products and services

1. For hydraulic structures under the Ministry of Agriculture and Rural Development’s management, the Directorate of Water Resources shall assume the prime responsibility for, and coordinate with related organizations and individuals in, determining locations of places for delivery and receipt of hydraulic work products or services, and submit such to the Ministry of Agriculture and Rural Development for decision.

2. For hydraulic structures decentralized by the Ministry of Agriculture and Rural Development to provincial-level People’s Committees for management, and hydraulic structures managed by provincial-level People’s Committees or decentralized to district-level People’s Committees for management, provincial-level Departments of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with hydraulic structure-exploiting enterprises and related organizations and individuals in, identifying the size of on-farm structure work and decentralization of the hydraulic structure management within the localities and locations of places for delivery and receipt hydraulic work products and services, and submit them to provincial-level People’s Committees for decision.

Chapter IV

PLANTING OF BOUNDARY MARKERS OF THE PROTECTION CORRIDORS OF HYDRAULIC STRUCTURES

Article 18.Requirements for planting of boundary markers

1. The planting of boundary markers shall be based on the protection corridors, current state of structures and management requirements.

2. In case boundary markers cannot be planted under regulations, reference markers shall be used as substitutes.

3. In case the to-be-planted boundary markers are in the same places with the locations of the planted markers of water source protection corridors or other structures, the latter shall be regarded as the reference markers.

Article 19.Cases requiring planting of boundary markers

1. Dams of reservoirs with a storage capacity of 500,000m³or more, or dams with a height of 10m or more.

2. Reservoirs of a storage capacity of 500,000m³or more.

3. Canals with a capacity of 5m³/second or more, or with a bottom width of 5m or more, except buried canals.

4. Sluices with a total width of water discharge paths of 10m or more, for the Mekong River delta; or 5m or more, for other regions.

5. Based on requirements of hydraulic structure management and protection, provincial-level People’s Committees shall decide on other cases of planting of boundary markers of the protection corridors of hydraulic structures in their localities.

Article 20. Provisions on boundary markers and distances between boundary markers

1. Provisions on boundary markers

a/ A boundary marker consists of the body and the base: The marker’s body is made of M200-grade reinforced concrete with a square cross-section of 15x15cm in size. The marker’s base is made of M200-grade cast-in-place concrete with a cross-section of 40x40cm in size. The base’s top surface is as high as the natural ground surface. The base’s depth is 30-50cm depending on the topographic characteristics of the area of boundary marker planting and management requirements;

b/ The marker’s body is 50cm higher than the natural ground surface. The marker body’s section which is 10cm from its top in painted red and the rest is painted white. The marker’s body is marked with the symbol “CTTL” (hydraulic structure) and numbered CTTL.01 ..., with letters written in upper case, carved, and painted red;

c/ A newly planted reference marker has the size and form similar to those of the boundary marker to be planted, and shall be marked with the symbol MTC and numbered MTC.01 ....

2. Distance between boundary markers of the protection corridors of dams and reservoirs

a/ For the dams specified in Clause 1, Article 19 of this Circular, the distance between two consecutive markers is 100m; for dams near to urban areas or residential areas, such distance is 50m;

b/ For the reservoirs specified in Clause 2, Article 19 of this Circular, based on the topographic characteristics of the area of boundary marker planting and management requirements, the distance between two consecutive markers is between 200m and 500m. For areas of​​reservoirs with a long slope or without inhabitants, such distance is more than 1,000m.

3. For the canals specified in Clause 3, Article 19 of this Circular, based on the topographic characteristics of the area of boundary marker planting and management requirements, the distance between two consecutive markers is between 200m and 300m; for canals in urban areas or residential areas, such distance is between 100m and 150m. Markers shall be planted at the diverging points of a boundary line.

4. For the sluices specified in Clause 4, Article 19 of this Circular, based on the topographic characteristics of the area of boundary marker planting and management requirements, the distance between two consecutive markers is between 20m and 50m. Markers shall be planted at the corners of a boundary line.

5. The distance between the boundary markers of the protection corridors of other hydraulic structures shall be decided by provincial-level People’s Committees.

Article 21.Dossiers on boundary marker planting plans

Project owners, and hydraulic structure-exploiting organizations and individuals specified in Clauses 1 and 2, Article 43 of the Law on Hydraulic Work shall submit a dossier, comprising one set with paper documents and one set with electronic documents, directly or by post to the dossier-receiving agency specified in Clause 2, Article 22 of this Circular. The dossier must comprise:

1. A written request for approval of a plan on boundary marker planting;

2. A copy of the decision assigning the project owner’s task for a newly built hydraulic structure, the decision assigning the organization or individual to exploit the hydraulic structure, or the contract for exploitation of the hydraulic structure.

3. The decision approving the technical design orworking drawingdesign of the hydraulic structure or the relevant approval decision containing the design criteria of the structure.

4. Explanations of the dossier on boundary marker planting plan, covering the following contents:

a/ Grounds for making the dossier;

b/ Assessment of the current state of the area of boundary marker planting;

c/ Number of boundary markers to be planted; the plan on locating boundary markers; distance between boundary markers; and reference markers (if any);

d/ Plan on mobilization of manpower, supplies, construction materials and ground clearance;

dd/ Schedule for planting and handover of boundary markers, and funds for implementation;

e / Organization of implementation.

5. The drawing of the plan on boundary marker planting, showing the protection corridor of the structure, the locations and coordinates of boundary markers and reference markers (if any) on the map of the current state of the hydraulic structure.

Article 22.Approval of plans on boundary marker planting

1. Project owners, and hydraulic structure-exploiting organizations and individuals shall formulate plans on planting of boundary markers of the protection corridors of hydraulic structures and submit them to provincial-level People’s Committees for approval.

2. Provincial-level Departments of Agriculture and Rural Development shall receive and appraise dossiers on boundary marker planting plans.

3. Time limit for appraisal and approval

a/ Within 3 working days after receiving a dossier, the provincial-level Department of Agriculture and Rural Development shall check the dossier. If the dossier is invalid, this Department shall notify such to the requester for completing the dossier under regulations;

b/ Within 30 working days after receiving a complete and valid dossier, the Department of provincial-level Agriculture and Rural Development shall appraise the dossier and collect opinions from related agencies and units. If all the required conditions are satisfied, the provincial-level Department of Agriculture and Rural Development shall submit the plan on planting of boundary markers of the protection corridor of the hydraulic structure to the provincial-level People’s Committee for approval. In case of refusing to approve the plan, this Department shall notify the reason to the requester.

Article 23.Adjustment of plans on boundary marker planting

1. A plan on boundary marker planting shall be adjusted only when the protection corridor of a hydraulic structure is changed.

2. The order and procedures for adjustment of a plan on boundary marker planting must comply with Articles 21 and 22 of this Circular.

Article 24.Responsibility for planting and protection of boundary markers

1. Project owners, and hydraulic structure-exploiting organizations and individuals shall assume the prime responsibility for, and coordinate with district- and commune-level People’s Committees of localities where the structures are located in, publicizing plans on boundary marker planting, organizing the on-site planting of boundary markers and hand over boundary markers to commune-level People’s Committees of localities where the structures are located for coordinated management and protection.

2. Hydraulic structure-exploiting organizations and individuals shall directly manage and protect the boundary markers and archive the dossiers on boundary marker planting. Annually, they shall inspect, maintain and restore the boundary markers which are lost or deviate as compared with information shown in the approved dossiers of boundary marker planting. Funds for maintenance and restoration of boundary markers shall be taken from funding sources for the management and exploitation of hydraulic structures.

3. The use of land within the protection corridors of​​hydraulic structures must comply with the law on land management.

Chapter V

MANAGEMENT AND EXPLOITATION OF SMALL AND ON-FARM HYDRAULIC STRUCTURES

Article 25.Organizations managing and exploiting small and on-farm hydraulic structures

1. On-farm irrigation units shall directly manage and exploit, or select organizations or individuals to manage and exploit, small and on-farm hydraulic structures.

2. The type of an on-farm irrigation unit and the mode of management and exploitation of small and on-farm hydraulic structures shall be decided by such on-farm irrigation unit when such is approved by at least 75% of its members.

3. On-farm irrigation units shall be established and operate in accordance with the law on cooperatives and civil law as well as their charters or regulations on provision of hydraulic work services approved by more than 50% of their members and certified by commune-level People’s Committees. All users of hydraulic work products and services are members of an on-farm irrigation unit.

4. On-farm irrigation units may receive technical and professional assistance from specialized agencies in charge of hydraulic work and hydraulic structure-exploiting enterprises in localities.

5. For a hydraulic structure serving water supply, irrigation and drainage for 2 or more communes, an on-farm irrigation unit shall be established in the form of a cooperative or a union of on-farm irrigation units.

Article 26.Management apparatus and professional sections of an on-farm irrigation unit

1. The management apparatus shall be selected through democratic election at congress of members or congress of the representatives of users of hydraulic work products and services. Depending on the scale and type of the selected organization, an appropriate management apparatus shall be decided, ensuring its effective operation, specifically as follows:

a/ For cooperatives, this apparatus shall be composed of the board of directors, the director and a supervisory board or controller;

b/ For groups of cooperatives, this apparatus must have the leader being its representative. For a group of cooperatives having 30 or more members, an executive board shall be formed. The membership of the executive board shall be decided by the group of cooperatives.

2. Professional sections are prescribed as follows:

a/ For inter-village, commune or inter-commune on-farm irrigation units, a group in charge of economic affairs and a group in charge of technical affairs shall be formed;

b/ For village on-farm irrigation units, a group in charge of economic and technical affairs shall be formed;

c/ For on-farm irrigation units being agriculture service cooperatives which provide hydraulic work services, an irrigation group or team shall be formed.

Article 27.Modes of management and exploitation of small and on-farm hydraulic structures

1. On-farm irrigation units shall directly manage and exploit small and on-farm hydraulic structures.

2. In case an on-farm irrigation unit does not directly manage and exploit small and on-farm hydraulic structures, it shall select an organization or individual to manage and exploit such hydraulic structures in the form of management assignment or bidding. Selected organizations and individuals must meet the requirements on capacity specified in the Government’s Decree 67/2018/ ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work.

3. In case of hiring the management or exploitation of small and on-farm hydraulic structures, the term of a management or exploitation contract must not exceed 5 years.

Article 28.Contents of operation of on-farm irrigation units

1. To formulate and implement plans on water supply, irrigation and drainage as well as maintenance of hydraulic structures, including:

a/ Formulating and implementing plans on water supply, irrigation, drainage and maintenance of hydraulic structures with the participation of users of hydraulic work products and services. Plans shall be implemented on a seasonal or yearly basis under the contracts signed with organizations providing hydraulic work products and services;

b/ Participating in the formulation of plans on water supply, irrigation, and drainage by organizations providing hydraulic work products and services;

c/ Informing users of hydraulic work products and services of schedules for water supply, irrigation and drainage;

d/ Monitoring the operation efficiency and evaluating the quality and results of services after each season or crop.

2. To formulate and implement plans on protection of small and on-farm hydraulic structures.

3. To formulate and implement other plans on production and service provision. To provide production chain-based hydraulic work services for crop plants of high economic value.

Article 29.Assets and finance of on-farm irrigation units

1. Assets

a/ State-funded hydraulic structures assigned to on-farm irrigation units for management and exploitation;

b/ Assets as funding sources contributed by organizations or individuals, or provided by the State or other organizations;

c/ On-farm irrigation units shall manage, preserve and promote the efficiency of assets assigned to them.

2. Finance

a/ Funds for operation of on-farm irrigation units include contributions of users of hydraulic work products and services; state supports; and investments of other organizations and individuals;

b/ Members of on-farm irrigation units shall reach agreement on the levels of contributions to ensure the payment for hydraulic work products and services under regulations, expenses for management, operation, maintenance and repair of small and on-farm hydraulic structures on the principles of majority vote, accurate and full calculation, and publicity;

c/ Annually, on-farm irrigation units shall formulate financial plans, balance revenues and expenditures, and publicize revenue sources and expenditures;

d/ Funds provided by the State for the use of public hydraulic work products and services, and funds for maintenance shall be paid according to the roadmap for calculating prices of hydraulic work products and services;

dd/ For contributions and other revenue sources, the structure of expenditure items shall be set by on-farm irrigation units as prescribed in their charters or regulations.

Article 30.Establishment and strengthening of on-farm irrigation units

1. Within 3 years after the effective date of this Circular, provincial-level People’s Committees shall direct related agencies and units to formulate and implement plans on the establishment and strengthening of on-farm irrigation units, specifically as follows:

a/ For a locality without an organization managing and exploiting small and on-farm hydraulic structures, an on-farm irrigation unit shall be established;

b/ Irrigation management boards, and commune irrigation boards managing and exploiting small and on-farm hydraulic structures that are led by part-time commune cadres shall be converted into cooperatives or groups of cooperatives;

c/ Cooperatives and groups of cooperatives providing hydraulic work services shall reorganize their management apparatuses and professional sections according to Article 26 and comply with Articles 25, 27, 28 and 29 of this Circular.

2. Commune-level People’s Committees shall perform the tasks of on-farm irrigation units within the time limit specified in Clause 1 of this Article pending the establishment of on-farm irrigation units.

Article 31.Unions of on-farm irrigation units

1. Establishment of a union of on-farm irrigation units

a/ On-farm irrigation units in the same area (in different villages and communes) that jointly use water sources, have full capacity and voluntarily cooperate with one another may establish a union of on-farm irrigation units to take over the management and exploitation of water delivery and transfer systems connected to on-farm hydraulic work systems; the establishment of such a union is encouraged in areas facing water shortage, particularly at the end point of a water delivery and transfer system;

b/ A union of on-farm irrigation units shall be established from 2 or more on-farm irrigation units, and operate in accordance with the Law on Cooperatives and the Civil Code as well as its charter or regulation approved by a majority of representatives of the member on-farm irrigation units.

2. Management apparatus and professional sections of a union of on-farm irrigation units

a/ The management apparatus of a union of cooperatives must comply with the Article 29 of the Law on Cooperatives;

b/ The management apparatus of a union of groups of cooperatives, or a union of on-farm irrigation units with members being groups of cooperatives and cooperatives, a management board shall be formed;

c/ A professional section shall be composed of one accountant, one treasurer and a groups in charge of technical affairs.

3. Operation of a union of on-farm irrigation units

a/ To formulate and implement plans on water supply, irrigation and drainage as well as maintenance of hydraulic structures under its management in order to ensure equitable and rational water distribution between member on-farm irrigation units;

b/ To participate in the formulation of plans on water supply, irrigation and drainage of provincial-level hydraulic structure-exploiting organizations and member on-farm irrigation units;

c/ To formulate and implement plans on protection of hydraulic structures under its management.

4. Process of transferring the management of an inter-commune water delivery and transfer system connected to an on-farm hydraulic work system to a union of on-farm irrigation units

a/ The on-farm irrigation units in the area under irrigation shall send a written request for receipt to the head hydraulic structure-exploiting organization;

b/ The head hydraulic structure-exploiting organization and the union of on-farm irrigation units shall reach agreement on a transfer plan and a rate of sharing of funds for the use of hydraulic work products and services on the basis of the transferred jobs, the area under irrigation and drainage and the current status of the hydraulic structure;

c/ The head hydraulic structure-exploiting organization shall coordinate with related agencies in transferring the hydraulic structure to the union of on-farm irrigation units for management.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 32.Transitional provisions

1. For hydraulic structures without operation processes, except small hydraulic structures, their operation processes shall be approved within 3 years form the effective date of this Circular.

2. For reservoirs without operation processes, the time limit for approval of their operation processes must comply with the Government’s regulations on safety management of dams and reservoirs.

Article 33.Effect

1. This Circular takes effect on July 1, 2018, and replaces the Minister of Agriculture and Rural Development’s Circular No. 65/2009/TT-BNNPTNT of October 12, 2009, guiding the operation, management decentralization and exploitation of hydraulic structures; and Circular No. 75/2004/TT-BNN of December 20, 2004, guiding the establishment, strengthening and development of cooperation organizations for water consumption.

2. Any problems arising in the course of implementation of this Circular should be reported in writing to the Ministry of Agriculture and Rural Development for promptly study and settlement.-

For the Minister of Agriculture and Rural Development
Deputy Minister
HOANG VAN THANG

* The appendices to this Circular are not translated.