Decision No. 936/QD-TTg dated July 30, 2018 of the Prime Minister on promulgating procedure for operating inter-reservoirs in Kon – Ha Thanh river basin

THE PRIME MINISTER

Decision No.936/QD-TTg dated July 30, 2018 of the Prime Minister on promulgating procedure for operating inter-reservoirs in Kon – Ha Thanh river basin

Pursuant to the Law on Government organization dated June 19, 2015;

Pursuant to the Law on Natural Water Resources dated June 21, 2015;

Pursuant to the Law on Natural Disasters Prevention and Control dated June 19, 2013;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to the Law on Hydrometeorology dated November 23, 2015;

At the request of the Minister of Natural Resources and Environment,

DECIDES:

Article 1.The procedures for operating inter-reservoirs in Kon – Ha Thanh river basin including Vinh Son A, Vinh Son B, Vinh Son C, Vinh Son 4, Vinh Son 5, Tra Xom 1, Dinh Binh, Nui Mot, Thuan Ninh and Van Phong are issued thereto.

Article 2.Implementation provisions

1. This Decision takes effect on September 01, 2018 and replaces Decision No.1841/QD-TTg dated October 29, 2015 of the Prime Minister on procedures for operating inter-reservoirs in Kon – Ha Thanh river basin.

2. When Vinh Son 4 reservoir is allowed to store water by competent authorities, it shall be operated in accordance with regulations herein.

3. Procedures for operating reservoirs prescribed in Article 1 herein issued before the effective date of this Decision must be amended to be suitable for the procedures for operating inter-reservoirs issued thereto.

Article 3.The Minister of Natural Resources and Environment, Minister of Agriculture and Rural Development, Minister of Industry and Trade, Minister of Construction and Minister of Transport, head of Central Steering Committee for Natural Disaster Prevention and Control, Chairperson of People’s Committee and head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Director General of Vietnam Meteorological and Hydrological Administration, Director General of Vietnam Electricity, Directors of reservoir management and operation entities, relevant organizations and individuals shall implement this Decision./.

For the Minister

The Deputy Minister

Trinh Dinh Dung

PROCEDURES

OPERATING INTER-RESERVOIRS IN KON – HA THANH RIVER BASIN
(Issued together with Decision No.936/QD-TTg dated July 30, 2018 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Annually operating Vinh Son A, Vinh Son B, Vinh Son C, Vinh Son 4, Vinh Son 5, Tra Xom 1, Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs in Kon – Ha Thanh river basin (hereinafter referred to as “Kon river basin”) in the following order of priority:

1. During flood season:

a) Ensure safety of reservoirs and irrigation systems:

- Ensure absolute safety of Vinh Son C reservoir, Dinh Binh and Van Phong irrigation systems, preventing the reservoir’s water level from exceeding the checked water level of all floods with a repeated cycle of less than or equal to 1,000 years;

- Ensure absolute safety of Tra Xom 1, Vinh Son 4 and Vinh Son 5 reservoirs, preventing the reservoir’s water level from exceeding the checked water level for all floods with a repeated cycle of less than or equal to 500 years;

- Ensure absolute safety of Vinh Son A, Vinh Son B, Nui Mot and Than Ninh reservoirs, preventing the reservoir’s water level from exceeding the designed water level for all floods with a repeated cycle of less than or equal to 200 years;

b) Contribute to reduction of floods hitting lowlands:

c) Ensure efficiency in water provision, electricity generation and minimum river runoff

2. During dry season:

a) Ensure safety of reservoirs and irrigation works:

b) Ensure lowlands water demand and minimum flow of the river

c) Ensure efficiency in electricity generation

Article 2. Interpretation of flood and dry season in this document

1. The flood season lasts from September 01 to December 15.

2. The dry season lasts from December 16 to August 31 of the following year.

Article 3. Operating discharge works of reservoirs according to the issued procedure for discharge work operation for ensuring the stability of central works

Article 4. Fundamental technical specifications of reservoirs

Article 5. In addition to the flood duration prescribed in Article 2 herein, the Head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, as authorized, shall decide to operate reservoirs according to the procedures for reservoir operation during flood season specified in this document or notify the situation to competent authorities in accordance with provisions of the Law on Natural Disaster Prevention and Control in case of one of the following unusual circumstances:

1. The Vietnam Meteorological and Hydrological Administration warns that the lowlands are likely to be hit by floods resulting in natural disaster risk level 1 or higher as prescribed in the Law on Natural Disaster Prevention and Control.

2. The water level at Tra Xom 1, Dinh Binh, Nui Mot or Thuan Ninh reservoir reaches the retention water level and water at hydrological stations prescribed in Table 1 provided in Article 7 herein exceeds the water warning level I

3. There are incidents or potential incidents regarding the discharge works or incidents arising from the work items for ensuring safety of reservoirs and irrigation systems

4. Other circumstances posing a risk to safety of the reservoirs and irrigation systems or lowlands decided by the Head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province.

Plans for operating reservoirs in case of unusual circumstances prescribed in this Article must be considered and decided according to flood and rain development and requirements for ensuring safety of both the lowlands and reservoirs.

Chapter II

OPERATION OF RESERVOIRS DURING FLOOD SEASON

Article 6. Principles for operating reservoirs to reduce floods hitting lowlands

1.The storage capacity from retention water level to checked flood water level or designed flood water level must not be used to regulate flood when valves of the discharge work are yet to be fully open, except Dinh Binh reservoir and unusual cases prescribed in Article 14 herein and other cases stated in the decision of the Prime Minister or head of the Central Steering Committee for Natural Disaster Prevention and Control.

2.The operation of reservoirs to reduce floods hitting lowlands shall comply with procedures for closing and opening valves of the discharge work issued by the competent authority and ensure no creation of artificial flood, which may threaten lives and assets of people living in riverside area in lower reservoirs.

3. During the flood season prescribed in Clause 1 in Article 2 of herein, while Tra Xom 1, Dinh Binh, Nui Mot and Thuan Ninh reservoirs have not been operated, the water level at those reservoirs shall not exceed the maximum water level before flood provided in table 2, unless otherwise prescribed in Article 15 of herein.

4.During operation, it is required to regularly update information about weather, rain, floods and water level at hydrological stations, reservoir water level, reservoir inflow, and the next weather forecasts to operate and regulate reservoirs in a manner that suits actual conditions.

5.After the process of reducing floods hitting lowlands is completed, reservoir water level at the above-mentioned reservoirs shall be gradually reduced to the water level before flood provided in Table 2, unless otherwise prescribed in Article 15 of this document.

Article 7. Water level maintained during operation of Tra Xom 1, Dinh Binh, Nui Mot and Thuan Ninh reservoirs during flood season

1. The water level corresponding to the river flood water warning level at hydrological stations is provided in the Table 1.

Table 1. Water level corresponding to flood water warning level

2. The maximum water level before flood at reservoirs during flood season is provided in Table 2.

Table 2. Maximum water level before flood at reservoirs during flood season

 (except for water storage at the end of flood season prescribed in Article 15 herein)

3. The minimum flood prevention water level at reservoirs during reduction of floods hitting lowlands is provided in Table 3.

Table 3. Minimum flood prevention water level at reservoirs

 (except for water storage at the end of flood season prescribed in Article 15 herein)

4. The water level at hydrological stations, which is the basis for stopping discharge of water to prevent floods and operating reservoirs for flood reduction is provided in Table 4 and 5.

Table 4. Water level at hydrological station as the basis for stopping the discharge of water for flood prevention

Table 5. Water level at hydrological stations as the basis for operating reservoirs for flood reduction

Article 8. The authority to issue a decision on reservoir operation during flood season

1. For Tra Xom 1, Dinh Binh, Nui Mot, Thuan Ninh, Vinh Son 4, Vinh Son 5 and Van Phong reservoirs

a) Under normal weather conditions, Director of the reservoir management and operation entities (hereinafter referred to as " reservoir owners") may proactively operate and regulate the reservoirs as prescribed in Article 13 in such a way that the reservoir water level does not exceed the water level provided in Table 2 for Tra Xom 1, Dinh Binh, Nui Mot and Thuan Ninh reservoirs or not exceed the retention water level for Vinh Son 4, Vinh Son 5 and Van Phong reservoirs and store water at the end of flood season as authorized in accordance with regulations in Article 15 herein;

b) When the Vietnam Meteorological and Hydrological Administration forecasts an emergency storm, inshore tropical depression or other weather conditions, which are likely to cause rain and flood, thereby directly affecting the areas in Kon river basin in the next 24-to-48 hours (hereinafter referred to as "rain and flood forecast"), the head of Steering Committee of Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province shall decide to operate reservoirs;

c) In case of unusual circumstances prescribed in Article 14 herein, Chairperson of People s Committee of Binh Dinh province shall issue a reservoir operation decision or notify the situation to the competent authority in accordance with provisions of the Law on Natural Disaster Prevention and Control.

d) If it is required to operate reservoirs for ensuring safety of works, reservoir owners shall decide to operate reservoirs as prescribed in Article 12 herein.

2. With regard to Vinh Son A, Vinh Son B and Vinh Son C reservoir cluster (hereinafter referred to as “Vinh Son reservoir cluster”), reservoir owners may, on their own initiative, operate reservoirs for electricity generation in accordance with regulations in Article 13 herein.

Article 9. Operation of Tra Xom 1 and Dinh Binh reservoirs for reduction of floods hitting lowlands

When the Vietnam Meteorological and Hydrological Administration forecasts rain and/or flood, the head of Steering Committee of Natural Disaster Prevention and Control, Search and Rescue shall consider and decide to operate reservoirs as follows:

1. In case the water level at Binh Nghi Hydrological station is below the water level provided in Table 4, reservoirs shall be operated to reduce the reservoir water level for flood prevention as follows:

a) If the reservoir water exceeds the level provided in Table 3, reservoirs shall be operated in such a way that the total discharge is greater than the reservoir inflow to gradually reduce the reservoir water level, but not below the level provided in Table 3. During the operation, if the water level at the Binh Nghi Hydrological station exceeds the level provided in Table 4 and is under the level provided in Table 5, reservoirs shall be operated in such a way that total discharge is equal to reservoir inflow to maintain current reservoir water level;

b) If the reservoir water level is below the level provided in Table 3, reservoirs shall be operated and regulated to ensure the reservoir water level does not exceed the level provided in Table 3 upon consideration of the current water level, forecasts about rain and flood in the river basin and requirements for reduction of floods hitting lowlands;

c) During the operation prescribed in Point a and b in this Clause, in case the Vietnam Meteorological and Hydrological Administration forecasts that weather conditions which are likely to cause rain and flood are no longer directly affecting the areas in Kon river basin, reservoirs shall be operated and regulated to gradually reduce the reservoir water level to the level provided in Table 2.

2. If the water level at Binh Nghi Hydrological station is equal to the level provided in Table 4 or below the level provided in Table 5, reservoirs shall be operated in such a way that the total discharge is equal to reservoir inflow to maintain the current reservoir water level.

3. Operation of reservoirs for reduction of floods hitting lowlands:

a) In case the water level at Binh Nghi Hydrological station exceeds the level provided in Table 5, reservoirs shall be operated in such a way that the total discharge is smaller than reservoir inflow to reduce floods hitting lowlands and ensure the reservoir water level does not exceed the retention water level.

b) When the reservoir water reaches the retention water level, reservoirs shall be operated and regulated in such a way that the total discharge is equal to reservoir inflow and shall be fully operational to ensure reservoir safety as prescribed in Article 12 herein.

During the operation, if the water level at Binh Nghi or Thanh Hoa Hydrological station exceeds the water warning level III, Chairperson of People’s Committees of Binh Dinh province may consider and decide to partially use the storage capacity from retention water level to checked flood water level at Dinh Binh reservoir for reduction of floods hitting lowlands but must ensure safety of such reservoir.

4. During the operation prescribed in Clause 1 and 2 in this Article, if the water level at Binh Nghi Hydrological station exceeds the level provided in Table 5, reservoirs shall be operated to reduce flood hitting lowlands as prescribed in Clause 3 in this Article.

5. Operating reservoirs to reduce the reservoir water level to the maximum water level before flood:

a) During the operation prescribed in Clause 1, 2 and 3 in this Article, if the water level of Binh Nghi Hydrological station is lower than the water warning level I and water level at Thanh Hoa Hydrological station is below the water warning level II and the reservoir water level exceeds the level provided in Table 2, reservoirs shall be operated and regulated in such a way that the total discharge equals reservoir inflow to gradually reduce the reservoir water to the level provided in Table 2 upon consideration of the forecasts about rain and flood in the river basin and requirements for reduction of floods hitting lowlands.

b) During the operation prescribed in Point a in this Clause, if the water level at Binh Nghi or Thanh Hoa Hydrological is equal to the level provided in Table 4, reservoirs shall be operated and regulated to maintain the current reservoir water level.

Article 10. Operation of Nui Mot and Thuan Ninh reservoirs for reduction of floods hitting lowlands

When the Vietnam Meteorological and Hydrological Administration forecasts rain and/or flood, the head of Steering Committee of Natural Disaster Prevention and Control, Search and Rescue shall consider and decide to operate reservoirs as follows:

1. In case the water level at Thanh Hoa Hydrological station is below the level provided in Table 4, reservoirs shall be operated to lower the reservoir water level for flood prevention as follows:

a) If the reservoir water exceeds the level provided in Table 3, reservoirs shall be operated and regulated in such a way that the total discharge is greater than the reservoir inflow to gradually reduce the reservoir water level, but not below the level provided in Table 3. During the operation, if the water level at the Thanh Hoa Hydrological station exceeds the level provided in Table 4 and is below the level provided in Table 5, reservoirs shall be operated in such a way that total discharge is equal to reservoir inflow to maintain current reservoir water level;

b) If the reservoir water level is below the level provided in Table 3, reservoirs shall be operated and regulated to ensure the reservoir water level does not exceed the level provided in Table 3 upon consideration of the current water level, forecasts about rain and flood in the river basin and requirements for reduction of floods hitting lowlands;

c) During the operation prescribed in Point a and b in this Clause, in case the Vietnam Meteorological and Hydrological Administration forecasts that weather conditions which are likely to cause rain and flood are no longer directly affecting the areas in Kon river basin, reservoirs shall be operated and regulated to gradually reduce the reservoir water level to the level provided in Table 2.

2. If the water level at Thanh Hoa Hydrological station exceeds the level provided in Table 4 and is below the level provided in Table 5, reservoirs shall be operated in such a way that the total discharge is equal to reservoir inflow to maintain the current reservoir water level.

3. Operating reservoirs for reduction of floods hitting lowlands:

a) In case the water level at Thanh Hoa Hydrological station exceeds the level provided in Table 5, reservoirs shall be operated in such a way that the total discharge is smaller than reservoir inflow to reduce floods hitting lowlands and ensure the reservoir water level does not exceed the retention water level.

b) When the reservoir water reaches the retention water level, reservoirs shall be operated and regulated in such a way that the total discharge is equal to reservoir inflow and shall be fully operational to ensure reservoir safety as prescribed in Article 12 herein.

4. During the operation prescribed in Clause 1 and 2 in this Article, if the water level at Thanh Hoa Hydrological station exceeds the level provided in Table 5, reservoirs shall be operated to reduce floods hitting lowlands as prescribed in Clause 3 in this Article.

5. Operating reservoirs to reduce the reservoir water level to the maximum water level before flood:

a) During the operation prescribed in Clause 1, 2 and 3 in this Article, if the water level of Thanh Hoa Hydrological station is lower than the water warning level II and the reservoir water level exceeds the level provided in Table 2, reservoirs shall be operated and regulated in such a way that the total discharge is greater than reservoir inflow to gradually reduce the reservoir water to the level provided in Table 2 upon consideration of the forecasts about rain and flood in the river basin and requirements for reduction of flood hitting lowlands.

b) During the operation, if the water level at Binh Nghi Hydrological is equal to the level provided in Table 4, reservoirs shall be operated and regulated to maintain the current reservoir water level.

Article 11. Operation of Vinh Son 4, Vinh Son 5, Van Phong reservoirs and Vinh Son reservoir cluster during flood season

1. When the Vietnam Meteorological and Hydrological Administration forecasts rain and/or flood, the Head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province shall consider and decide to operate Vinh Son 4, Vinh Son 5, Van Phong reservoirs and Vinh Son reservoir cluster in cooperation with operation of Tra Xom 1 and Dinh Binh reservoirs to reduce floods hitting lowlands upon consideration of the reservoir water level, rain and flood conditions in the river basin and requirements for reduction of floods hitting lowlands.

2. When the reservoir water reaches the retention water level, reservoirs shall be operated to ensure reservoir safety as prescribed in Article 12 herein.

Article 12. Operation for reservoir safety assurance

During the operation, when the reservoir water reaches the retention water level and the reservoir inflow is still in a increase which is likely to affect the reservoir safety, reservoir owners shall consider and decide to operate reservoirs for ensuring safety of reservoirs according to the reservoir operation procedures issued by competent authorities and immediately notify such operation to the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province.

Article 13. Operation of reservoirs not for reduction of floods hitting lowlands

1. Under normal weather conditions, when reservoirs are allowed to store water as prescribed in Article 15 or are not involved in reduction of floods hitting lowlands or not operated for ensuring reservoir safety as prescribed in Article 9, 10, 11 and 12 herein reservoir owners must operate such reservoir to maintain the minimum flow behind the dam as regulated.

2. Reservoirs must be operated in such a way that water is released into the lowlands as required by People’s Committee of Binh Dinh province.

Article 14. Chairperson of People’s Committee of Binh Dinh province shall decide to operate reservoirs as authorized or notify the situation to competent authorities in accordance with provisions of the Law on Natural Disaster Prevention and Control in case of one of the following unusual circumstances:

1. Forecast of the Vietnam Meteorological and Hydrological Administration about floods or potential floods hitting the lowlands which have been flooded at level 3 or higher or the water level at Tra Xom 1, Dinh Binh, Nui Mot or Thuan Ninh reaching the retention water level and water level at Hydrological stations provided in Table 1 herein exceeding the water warning level III during the operation of reservoirs prescribed in Article 9, 10, 11 and 12 herein

2. Incidents or potential incidents which pose a risk to safety of irrigation systems and infrastructure in lowlands

3. Other emergency situations requiring operation of reservoirs for ensuring safety of lowlands decided by Chairperson of People s Committee of Binh Dinh province

Plans for operating reservoirs in case of unusual circumstances prescribed in this Article must be considered and decided according to flood and rain development and requirements for ensuring safety of both the lowlands and reservoirs.

Article 15. Storage of water at the end of flood season

1. Storage of water at the end of flood season:

a) For Tra Xom 1 reservoir:

From November 15 to December 15, according to the judgment about trends in weather and hydrological conditions which is delivered by the Vietnam Meteorological and Hydrological Administration, if weather conditions which are likely to cause heavy rain and flood in the Kon river basin do not prevail, reservoir owners may proactively store water to gradually raise the reservoir water level to the retention water level.

b) For Dinh Binh, Nui Moi and Thuan Ninh reservoirs:

From November 01 to December 15, according to the judgment about trends in weather and hydrological conditions which is delivered by the Vietnam Meteorological and Hydrological Administration, if weather conditions which are likely to cause heavy rain and flood in the Kon river basin do not prevail, the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province shall consider and decide to permit reservoir owners to store water to gradually raise the reservoir water level to the retention water level.

2. During storage of water prescribed in Clause 1 in this Article, if the Vietnam Meteorological and Hydrological Administration forecasts rain and/or flood, the head of Steering Committee of Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province shall decide to operate reservoirs as follows:

a) Tra Xom 1 and Dinh Binh reservoirs shall be operated to prevent flood as prescribed in Clause 1 in Article 9 herein in such a way that the reservoir water level is not below the level provided in Table 2 and operated for reduction of floods hitting lowlands in accordance with regulations in Clause 3 in Article 9 herein.

a) Nui Mot and Thuan Ninh reservoirs shall be operated to prevent flood as prescribed in Clause 1 in Article 10 herein in such a way that the reservoir water level is not below the level provided in Table 2 and operated for reduction of floods hitting lowlands in accordance with regulations in Clause 3 in Article 10 herein.

c) During the operation as prescribed in Point a and b in this Clause, according to weather forecast provided by the Vietnam Meteorological and Hydrological Administration, if weather conditions which are likely to cause rain and flood are no longer directly affecting the areas in Kon river basin or there is no flood, reservoirs shall be operated and regulated to gradually raise the reservoir water level to the retention water level.

Chapter III

OPERATION OF RESERVOIRS DURING DRY SEASON

Article 16. Principles for operating reservoirs during dry season

1. Reservoirs shall be operated in a manner that water is discharged according to periods and the water level is maintained according to a 10-day period (for Dinh Binh reservoir).

2.During operation of reservoirs, according to the current reservoir water level and reservoir inflowforecast, reservoirs shall be operated in a manner that the water level is equal to or higher than the level for operating reservoirs provided in Appendix III issued thereto (hereinafter referred to as "water level provided in Appendix III")

Article 17. Periods over which reservoirs are operated during dry season

1. Period of increasing water use: from December 16 to March 31 of the succeeding year and from May 01 to the July 31

2. Period of normal water use: the remaining period of dry season

Article 18. The authority to issue reservoir operation decisions

1. Reservoir owners may, on their own initiative, operate reservoirs in accordance with regulations in Article 19, 20, 21 and 22 herein, unless otherwise prescribed in Clause 2 and 3 in this Article.

2. Reservoirs shall be operated (adjusting flow rate and operation period) to discharge water into lower reservoirs in case of one of the following circumstances:

a) If the water level at Dinh Binh reservoir is below the level provided in Appendix III at the beginning of dry season, according to the reality, reservoir inflow, reservoir water level and reservoir inflow forecast, the reservoir owner must send a solution to the Ministry of Natural Resources and Environment for presiding over and cooperating with relevant agencies in considering and deciding to adjust the flow rate and operation time to make sure by February 01, the reservoir water level is not below the level provided in Appendix III;

b) In case the water level at Dinh Binh reservoir has been below the level provided in Appendix III for 10 consecutive days, the reservoir owner must notify the situation to the Chairperson of People’s Committee of Binh Dinh province for considering and deciding to operate the reservoir for the purpose of satisfying the demand for minimum water use in lowlands and reservoir inflow and ensuring efficiency and economy in water, unless otherwise prescribed in Point a in this Clause

c) In case the reservoir water level still remains below the level provided in Appendix III in 30 consecutive days after the operation prescribed in Point b in this Clause, the reservoir owner shall send a solution to the Ministry of Natural Resources and Environment for considering and deciding to operate the reservoir in such a way the demand for minimum water use until the end of dry season is fully satisfied.

3. In case of drought, resulting in natural disaster risk at level 2 or higher, according to the reality, reservoir inflow, water level, reservoir inflow forecast and demand for minimum water use in lowlands, reservoir owners shall send a solution to the Ministry of Agriculture and Rural Development as authorized in accordance with provision with the Law on Natural Disaster Prevention and Control for considering and deciding to operate reservoirs according to the drought for satisfying the demand for minimum water use until the end of dry season, including consideration of partial use of dead storage of reservoirs.

Article 19. Operation of Dinh Binh reservoir

Daily operating the Dinh Binh reservoir to discharge water into lowlands for the purpose of maintaining minimum water flow behind the dam as regulated, operating canal head regulators for irrigation water supply and discharging water into lower Kon river as follows:

1. In case the water level at Van Phong reservoir is from 24.4 m to 24.8 m:

a) In case the water level at Dinh Binh reservoir exceeds the level provided in Appendix III, such reservoir shall be operated to discharge water into lowlands at a flow rate of at least 28.0m³/s in the period of increasing water use and 13.0m³/s in the period of normal water use.

a) In case the water level at Dinh Binh reservoir is equal to the level provided in Appendix III, such reservoir shall be operated to discharge water into lowlands at a flow rate of from at least 25.0m³/s to 28.0 m³/s in the period of increasing water use and from 10.0m³/s to 13.0m³/s in the period of normal water use.

c) In case the water level at Dinh Binh reservoir is below the level provided in Appendix III, such reservoir shall be operated to discharge water into lowlands at a flow rate of from at least 20.0m³/s to 25.0 m³/s in the period of increasing water use and from 8.0 m³/s to 10.0 m³/s in the period of normal water use.

2. In case the water level at Van Phong reservoir is lower than 24.2 m, according to the reservoir water level and the discharge flow rate corresponding to water level prescribed in Clause 1 in this Article, Dinh Binh reservoir shall be operated to increase the discharge flow rate for the purpose of raising the water level at Van Phong reservoir to at least 24.4 m.

3. In case the water level at Van Phong reservoir is lower than 24.8 m, according to the reservoir water level and the discharge flow rate corresponding to such water level prescribed in Clause 1 in this Article, Dinh Binh reservoir shall be operated to reduce the discharge flow rate for the purpose of maintaining the water level at Van Phong reservoir below 25.0 m, unless the water level at Dinh Binh reservoir exceeds the level provided in Appendix III.

Article 20. Operation of Van Phong reservoir

During the operation of Dinh Binh reservoir prescribed in Article 19 herein, Binh Dinh Irrigation Limited Liability Company (hereinafter referred to as"Binh Dinh Irrigation Co., Ltd") must operate canal head regulators to supply water to Van Phong irrigation system and, according to the reservoir inflow, cooperate with the Dinh Binh reservoir owner in operating reservoirs to discharge water continuously into the lower Kon river as follows:

1. In case the water level at Van Phong reservoir is from about 24.4 m to 24.8 m, water shall be discharged at a flow rate of:

a) 25.0 m³/s in the period of increasing water use;

b) 8.0 m³/s in the period of normal water use;

2. In case the water level at Van Phong reservoir is lower than 24.2 m and the reservoir inflow is in a decrease, according to the discharge flow rate corresponding to water level prescribed in Clause 1 in this Article, Van Phong reservoir shall be operated to reduce the discharge flow rate for the purpose of raising the water level at such reservoir to at least 24.4 m.

3. In case the water level at Van Phong reservoir exceeds 24.8 m and the reservoir inflow in still in an increase, according to the discharge flow rate corresponding to water level prescribed in Clause 1 in this Article, Dinh Binh reservoir may be operated to increase the discharge flow rate for the purpose keeping the water level at such reservoir not higher than 25.0 m. During the operation, if the water level at Van Phong reservoir is below 24.8 m, such reservoir shall be operated as prescribed in Clause 1 in this Article.

Article 21. Operation of Vinh Son reservoir cluster, Vinh Son 4, Vinh Son 5 and Tra Xom 1 reservoirs

1. Vinh Son reservoir cluster, Vinh Son 4 and Tran Xom 1 reservoirs must be daily operated to discharge water into lowlands for maintaining the minimum water flow behind the dam as regulated meeting the following regulations:

a) When the water level at Dinh Binh reservoir is equal to or higher than the level provided in Appendix III, Vinh Son reservoir cluster, Vinh Son 4 and Tra Xom 1 may be proactively operated to discharge water into lowlands.

b) In case the water level at Dinh Binh reservoir is below the level provided in Appendix III, Vinh Son reservoir cluster, Vinh Son 4 and Tra Xom 1 reservoirs shall be operated to discharge water into lowlands at a flow rate of at least 5.0m³/s for Vinh Son reservoir cluster, 3.0 m³/s for Vinh Son 4 reservoir and 1.0 m³/s for Tra Xom 1 reservoir.

2. Vinh Son 5 shall be operated daily as follows:

a) Operating to discharge water into lowlands for maintaining the minimum water flow behind the dam as regulated. Such reservoir must be operated to discharge water into the lower Kon river as required by People s Committee of Binh Dinh province.

b) During the operation of Vinh Son reservoir cluster for discharging water into lowlands prescribed in Clause 1 in this Article, Vinh Son 5 reservoir must be operated in such a way that average daily discharge is not smaller than the reservoir inflow.

Article 22. Operation of Nui Mot and Thuan Ninh reservoirs

1. On a daily basis, Nui Mot and Thuan Ninh reservoirs must be operated to discharge water into lowlands for maintaining the minimum water flow behind the dam and canal head regulators must also be operated for irrigation water supply.

2. During the operation prescribed in Clause 1 in this Article, according to the reservoir water level and reservoir inflow, reservoirs must be proactively operated to discharge water into An Tuong river and Queo stream for the purpose of supplying additional water to the lowlands if they are eligible for additional water supply.

Article 23. Operation of Bay Yen and Binh Thanh spillways

During the operation of Van Phong reservoir for discharging water, Bay Yen and Binh Thanh spillways shall be operated and regulated to ensure the water distributed among Dap Da, Go Cham and Tan An rivers fully satisfies the water use demand of each river.

Chapter IV

RESPONSIBILITIES FOR OPERATION OF RESEVOIRS, PROVISION OF INFORMATION AND REPORTING

Article 24. Responsibilities of the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province

1. During flood season, the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province is required to:

a) work out solutions for storing and updating hydrological and meteorological information and data, operate reservoirs and calculation tools and provide guidelines for operation of reservoirs as authorized in accordance with regulations in Article 8 herein;

b) decide to operate reservoirs as authorized in accordance with regulations herein;

c) keep a permanent and close watch on rain and flooding developments, decide on reservoir operation scheme and issue the reservoir operation order as regulated The reservoir operation order must be issued at least 4 hours before the first discharge door is opened, except for emergency and unusual cases;

d) inspect and supervise the execution of the reservoir operation order, provide guidance on implementation of flood response plans and response to situations that affect the safety of people in lowlands when the reservoir water is discharged;

dd) upon issuance of the reservoir operation order, immediately notify the head of Steering Committee for Natural Disaster and Control, Search and Rescue of the district which may be flooded due to the reservoir operation and notify such order issuance to the mid-central regional Hydro-Meteorological Observatory, National Centre for Hydro-Meteorological Forecasting, Steering Committee for Natural Disaster Prevention and Control, Search and Rescue affiliated to the Ministry of Transport and Ministry of Industry and Trade and send a report to Chairperson of People s Committee of Binh Dinh province and the head of Central Steering Committee for Natural Disaster Prevention and Control

2. During dry season, the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province is required to:

issue the reservoir operation decision as authorized or notify unusual cases to competent authorities as prescribed in Article 5 herein and inform Chairperson of People s Committee of Binh Dinh provinces for guidelines on solutions

3. The head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of the district must immediately notify the Chairperson of People’s Committee of commune which is affected by the reservoir operation and provide guidelines for implementation of appropriate response plans for preventing losses caused by flood when receiving the reservoir operation order from the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of province. Chairperson of People s Committee of commune must notify the people for implementing response plans.

4. Orders, announcements, guidelines and proposals concerning the adjustment and issuance of reservoir operation order and relevant agencies mentioned in this Article must be recorded and sent by fax or over the Internet or by telephone and the original must be sent to the above-mentioned agencies for supervising, comparing and storing the management document.

Article 25. Responsibilities of Chairperson People’s Committee of Binh Dinh province
Chairperson of People’s Committee of Binh Dinh province is required to:

1. organize dissemination and provide public explanation for this document on mass media and local radio network in order for authorities and people, on their own initiative, to prevent and respond to floods, thereby reducing losses and prepare production and storage water plan in consistent with reservoir operation procedures herein for the purpose of using the water resources in an efficient manner;

2. provide guidelines for inspection and supervision of reservoir owners adopting these procedures;

3. decide to operate reservoirs as authorized in cases prescribed in Clause 1 in Article 8, Article 14 and Clause 2 and 3 in Article 18 herein;

4. direct the preparation of plans for proactively preventing and controlling floods and drought and organize the implementation of plans for responding to floods and drought and provide guidelines on methods for ensuring the people s safety, reducing losses as well as ensuring safety of relevant works as authorized;

5. instruct owners of Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs to implement plans for ensuring safety of reservoirs, monitor, forecast and provide information and data to authorities as regulated and operate reservoirs in accordance with regulations herein;

6. inform the Prime Minister and the head of Central Steering Committee for Natural Disaster Prevention and Control for guidelines on prevention of floods hitting lowlands before Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs are operated for emergency discharge to ensure safety of central works;

7. instruct Binh Dinh Irrigation Co., Ltd and work operation and management agencies to store water in conformity with reservoir operation period specified herein;

8. instruct local government authorities to adjust the cultivating period and water use plans in conformity with regulations herein;

9. instruct reservoir owners to install the closed-circuit television for supervision of water discharge and image signal transmission to the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Central Steering Committee for Natural Disaster Prevention and Control, Vietnam Meteorological and Hydrological Administration and Department of Water Resources Management and install an auto and online monitoring system to keep a watch on reservoir operation as regulated; The image signals collected from the closed-circuit television installed at hydroelectric reservoirs must also be transmitted to the Electricity Regulatory Authority.

Article 26. Responsibilities of the head of Central Steering Committee for Natural Disaster Prevention and Control

The head of Central Steering Committee for Natural Disaster Prevention and Control is required to:

1. issue warning decision and provide guidelines on plans for responding to floods and droughts in lowlands in accordance with provisions of the Law on Natural Disaster Prevention and Control and the Law on Irrigation;

2. decide to operate reservoirs as authorized or notify unusual circumstances prescribed Article 5 and 14 herein to competent authorities in accordance with provisions of the Law on Natural Disaster Prevention and Control.

Article 27. Responsibilities of the Minister of Industry and Trade

The Minister of Industry and Trade is required to:

1. instruct the Vietnam Electricity, National Load Dispatch Centre, Electricity Generation Corporation 3, Vinh Son – Song Hinh Hydroelectricity JSC, Tra Xom Hydroelectricity JSC and Vinh Son Investment JSC to implement plans for ensuring safety of hydroelectric reservoirs;

2. instruct and urge owners of hydroelectric reservoirs to operate reservoirs for reducing flood and regulating water in lowlands as prescribed herein, monitor, forecast and provide data and information to authorities specified herein and install alarm systems in lowlands in order for people to recognize signals indicating discharge from hydroelectric reservoirs 3. instruct Vietnam Electricity and Director of National Load Dispatch Centre to prepare electricity capacity mobilization plans in conformity with requirements for reservoir operation for reduction of floods hitting lowlands during flood season, discharge period and discharge flow rate of each reservoir during dry season according to regulations herein;

4. notify the discharge to the Prime Minister and head of Central Steering Committee for Natural Disaster Prevention and Control before hydroelectric reservoirs are operated for emergency discharge to ensure safety of central works.

Article 28. Responsibilities of the Minister of Agriculture and Rural Development

1. During flood season, the Minister of Agriculture and Rural Development is required to:

a) provide guidelines for ensuring safety of relevant works as authorized;

b) provide guidelines for responses to emergencies regarding dike systems and irrigation systems in the Kon river basin and send a report on such situation to the Prime Minister and the head of Central Steering Committee for Natural Disaster Prevention and Control as regulated;

c) send solutions and notify the Prime Minister of emergency discharge from reservoirs for ensuring safety of central works or unusual circumstances.

2. During dry season, the Minister of Agriculture and Rural Development is required to:

a) instruct local government authorities and relevant entities to review, inspect and prepare to collect water before reservoirs are operated to discharge water for preventing from wasting water;

b) instruct local government authorities and relevant agencies to proactively adjust agricultural production plans in conformity with water resources capacity where necessary;

c) preside over and cooperate with relevant agencies in issuing the reservoir operation decision as authorized in accordance with regulations in Clause 3 in Article 18 herein.

Article 29. Responsibilities of the Minister of Natural Resources and Environment
The Minister of Natural Resources and Environment is required to:

1. publish this document and provide instructions to carry out reservoir operation procedures herein; instruct the Department of Water Resources Management and competent authorities to inspect the reservoir operation according to procedures herein and install monitoring and calculating instruments as well as provide guidelines for reservoir operations as authorized;

2. instruct the Vietnam Meteorological and Hydrological Administration to monitor, forecast, warn, judge and provide information and data in accordance with regulations herein;

3. preside over and cooperate with relevant agencies and entities in deciding to adjust the flow rate and operation period of reservoirs as authorized according to regulations in Clause 2 in Article 18 herein;

4. send reservoir operation procedures to the Prime Minister where necessary.

Article 30. Responsibilities of relevant Ministers

Relevant ministers, as assigned and authorized, shall take responsibility to:

1. provide guidelines for safety of works, infrastructure and other activities relating to use of water from rivers or streams under their management;

2. instruct affiliated organizations and relevant agencies to develop methods for dealing with incidents caused by floods and prepare water use plans in conformity with the procedures herein.

Article 31. Responsibilities of reservoir owners

Reservoir owners are required to:

1. operate reservoirs according to the procedures herein;

2. put a watch on hydrological and meteorological situation, monitor, forecast and provide data and information in according with regulations herein;

3. install the closed-circuit television for surveillance of water discharge and image signal transmission to the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Central Steering Committee for Natural Disaster Prevention and Control, Vietnam Meteorological and Hydrological Administration and Department of Water Resources Management and install an auto and online monitoring system to keep a watch on reservoir operation for water discharge as regulated; Image signals collected from the closed-circuit television system at hydroelectric reservoirs must also be transmitted to the Electricity Regulatory Authority of Vietnam.

4. on a daily basis, send data on reservoir operation to the information and monitoring systems for reservoir operation of the Department of Water Resources Management and Electricity Regulatory Authority of Vietnam as required;

5. notify the operation to people to ensure safety of people and relevant activities in rivers or streams in lower dams or plants before operating reservoirs to discharge water for electricity generation or the increasing the discharge flow rate by more than 50%

6. During flood season:

a) Reservoir owners are required to operate reservoir as follows:

- Execute the reservoir operation order of the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province

- Immediately notify the person issuing such order if failing to obey the order due to unusual circumstances;

- decide to operate reservoirs according to procedures herein and proactively adopt methods for flood response if failing to keep in touch with the person competent to issue the operation order or failing to receive the order from such person in case of other unusual circumstances;

b) When executing the discharge door operation order, reservoir owners must immediately notify such discharge to the following agencies or entities:

- The head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, National Centre for Hydro-Meteorological Forecasting and mid-central regional Hydro-Meteorological Observatory;

- Dinh Binh government authorities if operating Tra Xom 1, Vinh Son 4 and Vinh Son 5 reservoirs to discharge water.

c) Operate reservoirs for ensuring safety of works as prescribed in Article 12 herein During reservoir operation for work safety assurance, immediately notify such operation to the Central Steering Committee for Natural Disaster Prevention and Control, the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, People’s Committee of Binh Dinh province for operation of Binh Dinh, Nui Mot, Thuan Ninh and Van Phong reservoirs and to the Ministry of Industry and Trade for operation of hydroelectric reservoirs;

d) Send written notification to agencies mentioned in Point b and c in this Clause by fax or through the Internet, telephone or radio communication and send the original to the above-mentioned agencies for supervising, comparing and storing the management documents;

dd) Immediately notify Chairperson of People s Committee and the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province of unusual circumstances prescribed in Article 14 herein in conjunction with reservoir operation proposals for consideration and ratification

7. During dry season, reservoir owners are required to:

a) operate reservoirs for ensuring efficiency and economy in water use;

b) send proposals to People’s Committee of Binh Dinh province and the Ministry of Natural Resources and Environment for unifying plans for regulating water in lowlands in case of incidents which results in reservoir operation inconsistent with procedures herein

c) send proposals to the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province for consideration and issuance of reservoir operation decision in case of unusual circumstances prescribed in Article 5 herein;

d) send proposals to authorities who have power to decide the adjustment of reservoir operation in case of drought or water lackage as prescribed in Article 18 herein.

Article 32. Responsibilities for safety of works

1.If the order to operate reservoirs is issued against the regulations specified herein, thereby threatening safety of central works, irrigation and traffic work systems and people in lowlands, the issuer must be responsible to law.

2.If the operation order is executed against regulations herein, thereby threatening safety of central works, irrigation and traffic work systems and people in lowlands, relevant reservoir owners must be responsible to law.

3.If threats to central works are found during operation, thereby requiring remedial measures, reservoir owners shall inform and propose remedial measures to the Ministry of Industry and Trade for hydroelectric reservoirs; to People’s Committee of Binh Dinh province for Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs and inform the Central Steering Committee for Natural Disaster Prevention and Control, the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province for guidelines on prevention and control of floods hitting lowlands.

4.If any incident involving irrigation works in lowlands is found, the People’s Committee of Binh Dinh province shall inform and send remedial measure proposal to the Ministry of Agriculture and Rural Development, and inform the Central Steering Committee for Natural Disaster Prevention and Control.

5.Annual general inspection shall be carried out before flood season as regulated. Reservoir owners shall inspect equipment and work items, and carry out repair to operate reservoirs according to procedures herein, and inform the Central Steering Committee for Natural Disaster Prevention and Control, People’s Committee and the head of Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, theMinistry of Industry and Trade for hydroelectric reservoirs and the Ministry of Agriculture and Rural Development for irrigation reservoirs.

6.In case works or equipment breakdowns occur and have yet to be completely repaired before August 31, reservoir owners must immediately inform the authorities specified in Clause 5 of this Article.

Article 33. Regulations on monitoring and forecast during flood season

1.Under normal weather conditions, if weather conditions that may cause flood and rain as prescribed in Clause 2 of this Article are yet to prevail, reservoir owners and the Vietnam Meteorological and Hydrological Administrative shall instruct affiliated entities to comply with the following regulations on monitoring and forecast:

a) Every day, National Centre for Hydro-Meteorological Forecasting shall provide 01 forecast made at Thanh Hoa Hydrological station at 15:00;

a) Every day, the mid-central regional Hydro-Meteorological Observatory shall provide 01 forecast made at Binh Nghi and Thanh Hoa Hydrological station at 15:00;

c) Every day, reservoir owners shall monitor and forecast as follows:

-Carry out monitoring and calculation of reservoir water level, reservoir inflow, spillway and plant overflow rate at least 04 times at 01:00, 07:00, 13:00 and 19:00;

- Provide the forecast once before 9:00The forecast must include reservoir inflow, water level measured at the forecasting time and at 06:00, 12:00, 18:00 and in the next 24 hours; expected total discharge at 06:00, 12:00, 18:00 and in the next 24 hours.

2. When the rain and/or flood is forecasted, reservoir owners and the Vietnam Meteorological and Hydrological Administration shall instruct affiliated entities to carry out the monitoring and forecast until the end of flood season. To be specific:

a) The National Centre for Hydro-Meteorological Forecasting shall:

- provide forecasts and warningsForecasting and warning frequency are specified in the Decision No. 46/2014/QD-TTg dated August 15, 2014 of the Prime Minister on natural disaster forecasting, warning and communication (hereinafter referred to as “Decision No. 46”);

- collect data on monitoring rain and water level at hydro-meteorological stations included in Kon river system as regulated;

- provide flood and emergency flood forecasts at Thanh Hoa Hydrological station Forecasting frequency is specified in Decision No.46.

b) The mid-central regional Hydro-Meteorological Observatory shall:

- provide flood forecasts at Thanh Hoa and Binh Nghi Hydrological station Forecasting frequency is specified in Decision No.46;

- collect data on monitoring rain and water level at hydro-meteorological stations under its management which are included in the Kon river system in accordance with regulations on telegraphy;

- provide forecasts about water level, floods and emergency floods at Thanh Hoa and Binh Nghi Hydrological stations Forecasting frequency is specified in Decision No.46;

- monitor, forecast and discover the period over which water level at Binh Nghi and Thanh Hoa Hydrological stations reaches the level provided in Table 1, 4 and 5

c) Reservoir owners shall:

- carry out monitoring and calculation of reservoir water level, reservoir inflow, spillway and plant overflow rate at least 15 minutes at a time;

- provide the forecast about flood hitting reservoirs once every 3 hours The forecast must include reservoir inflow, water level measured at the forecasting time and at 06:00, 12:00, 18:00 and in the next 24 hours; flood peak and expected total discharge at 06:00, 12:00, 18:00 and in the next 24 hours.

3. Before the water storage period specified in Article 15 herein, the National Centre for Hydro-Meteorological Forecasting shall provide annual forecastsabout the trends in weather and hydrological conditions and probability of flood occurrence from November 01 to December 15 to serve reservoir operation prescribed in Article 15 herein.

Article 34. Responsibilities for information provision and reporting during flood season

1. Under normal weather conditions, if weather conditions that may cause flood and rain as prescribed in Clause 2 of this Article are yet to prevail, the Vietnam Meteorological and Hydrological Administration shall instruct affiliated entities to make data and information provision. To be specific:

a) The National Centre for Hydro-Meteorological Forecasting shall provide the forecast specified in Point a in Clause 1 in Article 33 herein for the Central Steering for Natural Disaster Prevention and Control before 16:00 every day;

b) The mid-central regional Hydro-Meteorological Observatory shall provide the forecast specified in Point b in Clause 1 in Article 33 herein for the National Centre for Hydro-Meteorological Forecasting, Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Tra Xom Hydroelectricity JSC, Vinh Son – Song Hinh Hydroelectricity JSC, Vinh Son Investment JSC and Binh Dinh Irrigation Co., Ltd before 16:00 every day;

c) Reservoir owners shall provide forecasts and monitoring and calculating data specified in Point c in Clause 1 in Article 33 herein for the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, National Load Dispatch Centre, National Centre for Hydro-Meteorological Forecasting, mid-central regional Hydro-Meteorological Observatory before 10:00 every day.

Owners of Vinh Son 4, Vinh Son 5 and Tra Xom 1 reservoirs and Vinh Son reservoir cluster shall also provide forecasts and monitoring and calculating data specified in Point c in Clause 1 in Article 33 herein for the owner of Dinh Binh reservoir.

2. When the rain and/or flood are forecasted, reservoir owners and the Vietnam Meteorological and Hydrological Administration shall instruct affiliated entities to make data and information provision. To be specific:

a) The National Centre for Hydro-Meteorological Forecasting shall promptly and continuously provide data, forecasts and warnings specified in Point a in Clause 2 in Article 33 herein for the Central Steering for Natural Disaster Prevention and Control, the Ministry of Industry and Trade and Vietnam Electricity;

b) The mid-central regional Hydro-Meteorological Observatory shall promptly and continuously provide data, forecasts and warnings specified in Point b in Clause 2 in Article 33 herein for the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Tra Xom Hydroelectricity JSC, Vinh Son – Song Hinh Hydroelectricity JSC, Vinh Son Investment JSC and Binh Dinh Irrigation Co., Ltd;

Immediately inform the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Vinh Son – Song Hinh Hydroelectricity JSC, Tra Xom Hydroelectricity JSC and Binh Dinh Irrigation Co., Ltd if water level at Binh Nghi and Thanh Hoa Hydrological station reaches the level provided in Table 1, 4 and 5.

c) Reservoir owners shall promptly provide forecasts and monitoring and calculating data specified in Point c in Clause 2 in Article 33 herein for the Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, National Load Dispatch Centre, National Centre for Hydro-Meteorological Forecasting, mid-central regional Hydro-Meteorological Observatory.

Owners of Vinh Son 4, Vinh Son 5 and Tra Xom 1 reservoirs and Vinh Son reservoir cluster shall also promptly provide forecasts and monitoring and calculating data specified in Point c in Clause 2 in Article 33 herein for the owner of Dinh Binh reservoir.

3. Responsibilities for reporting:

Reservoir owners shall report results of reservoir operation for flood reduction and operation condition of works as follows:

a)Within 02 days after the flood event ends, reservoir owners shall report results of reservoir operation for flood reduction, operating condition of reservoirs after the flood event and relevant information to the Central Committee for Natural Disaster Prevention and Control, Ministry of Industry and Trade, Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Department of Water Resources Management, theMinistry of Industry and Trade and National Load Dispatch Centre (for hydroelectric reservoirs) for instructions.

b) Within 15 days after the flood season specified in Article 2 herein, reservoir owners shall send annual reports on results of reservoir operation for flood reduction, operation condition of reservoirs during flood season, proposals and relevant information to the Central Steering Committee for Natural Disaster Prevention and Control, People s Committee and Steering Committee for Natural Disaster Prevention and Control, Search and Rescue of Binh Dinh province, Department of Water Resources Management, the Ministry of Industry and Trade and National Load Dispatch Centre (for hydroelectric reservoirs) for instructions.

4. Methods for providing data and information:

Information and data shall be provided for agencies and entities prescribed in Clause 1, 2 and 3 in this Article in one of the following forms:

a) By fax;

b) Provision of newscast through communication;

c) Provision of newscast via the Internet;

d) By telephone;

dd) Communication via the radio communication system

Article 35. Regulations on monitoring and forecasting and responsibilities for information provision and reporting during dry season

1. Responsibilities for monitoring and forecasting:

a) The Vietnam Meteorological and Hydrological Administration and Ministry of Natural Resources and Environment shall instruct and assigned affiliated entities to:

-carry out measurement and monitoring of hydro-meteorological values, including rainfall and water level of the entire monitoring network in Kon river system;

-deliver judgments on trends in weather and hydrological conditions prevailing in Kon river basin on the second of every month.

b) Vinh Son – Song Hinh Hydroelectricity JSC, Tra Xom Hydroelectricity JSC, Vinh Son Investment JSC and Binh Dinh Irrigation Co., Ltd shall:

- carry out measurement and monitoring of reservoir inflow, spillway and plant overflow rate and upper and lower reservoir water levelat least twice a day at 07:00 and 19:00;

- forecast reservoir inflow and reservoir water level in the next 10 days on the first, eleventh and twenty-first of every month

- Binh Dinh Irrigation Co., Ltd shall also carry out everyday measurement and monitoring as follows:

+ Carry out measurement and monitoring of inflow into Dinh Binh, Nui Mot, Thuan Ninh and Van Phong reservoirs for irrigation water supply at least twice a day at 7:00 and 19:00

+ Carry out measurement and monitoring of Van Phong spillway overflow to lower Kon river at least twice a day at 7:00 and 19:00

2. Responsibilities for data and information provision:

a) The Vietnam Meteorological and Hydrological Administration shall instruct and assign affiliated entities to provide People s Committees of Binh Dinh province, National Load Dispatch Centre, Vinh Son – Song Hinh Hydroelectricity JSC, Tra Xom Hydroelectricity JSC, Vinh Son Investment JSC and Binh Dinh Irrigation Co., Ltd with data specified in Point a in Clause 1 in this Article in the past 10 days before 16:00 on the first, eleventh and twenty-first of every month;

b) Vinh Son – Song Hinh Hydroelectricity JSC, Tra Xom Hydroelectricity JSC, Vinh Son Investment JSC and Binh Dinh Irrigation Co., Ltd shall provide People s Committee of Binh Dinh province, National Centre for Hydro-Meteorological Forecasting, mid-central regional Hydro-Meteorological Observatory and National Load Dispatch Centre with:

- upper and lower water level, reservoir inflow, total discharge into lowlands in the past 10 days before 11:00 on the first, eleventh and twenty-first of every month;

- reservoir inflow and total discharge to lowlands in the past 10 days before 11:00 on the first, eleventh and twenty-first of every month

3. Methods for providing data and information:

Information and data shall be provided for agencies and entities prescribed in Clause 1, 2 and 3 in this Article in one of the following forms:

a) By fax;

b) Provision of newscast through communication;

c) Provision of newscast via the Internet;

d) By telephone;

dd) Communication via the radio communication system

Article 36. The amendments arising during the completion of the procedures for operating inter-reservoirs in Kon - Ha Thanh river basin shall be included in a written request submitted to The Ministry of Natural Resources and Environment which is then consolidated and sent to the Prime Minister for ratification./.