Decree No. 114/2018/ND-CP dated September 04, 2018 of the Government on dam and reservoir safety management

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	114/2018/ND-CP	Signer:	Nguyen Xuan Phuc
Type:	Decree	Expiry date:	Updating
Issuing date:	04/09/2018	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Agriculture - Forestry , Natural Resources - Environment

SUMMARY

Reservoir operation procedures must be submit for approval

This is a highlight in the Government’s Decree No. 114/2018/ND-CP on dam and reservoir safety management which is issued and takes effect on September 04, 2018.

The Decree emphasizes that dam and reservoir safety management must be performed regularly and continuously during the process of surveying, designing, constructing, managing, operating and protecting dams and dam reservoirs.

The investor of dam and reservoir construction shall establish a reservoir operation procedure and submit it to competent regulatory agencies for approval before retaining water then transfer it to the operator of dam and reservoir and state management agency of irrigation, hydroelectricity and natural disaster prevention and control.

As for the reservoir is currently in operation without any operation procedure, the irrigational dam and reservoir operator or hydroelectric dam and reservoir owner shall establish an operation procedure and submit it to competent state agencies for approval within 01 year from the effective date of this Decree.

In addition, the dam and reservoir operator shall check the dam and reservoir safety then send the periodic reports by April 15 every year for Northern areas, North-central, Central Highlands and Southern areas; by August 15 every year for South Central areas.

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Effect status: Known

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 114/2018/ND-CP		Hanoi, September 4, 2018

DECREE

On the management of dam and reservoir safety^{^[1]}

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

Pursuant to the November 23, 2015 Law on Hydrometeorology;

Pursuant to the June 18, 2014 Law on Construction;

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

Pursuant to the June 21, 2012 Law on Water Resources;

At the proposal of the Minister of Agriculture and Rural Development and Minister of Industry and Trade;

The Government promulgates the Decree on the management of dam and reservoir safety.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree prescribes the management of safety of dams that are at least 5 meters in height and reservoirs with a total capacity of at least 50,000 m³, and downstream areas of dams.

2. This Decree applies to domestic and foreign organizations and individuals involved in activities related to dams and reservoirs in the territory of the Socialist Republic of Vietnam.

Article 2. Interpretation of terms

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

1. Dam means a work built to raise water level or to form, together with related works, a reservoir.

2. Reservoir means a work formed by a dam and related works to store water and having main functions of regulating water flow, diverting and attenuating flood, supplying water for agricultural and industrial production, daily life, electricity generation and environmental improvement. Reservoirs include irrigation reservoirs and hydropower reservoirs.

3. Related work means a water drainage work, water intake work, power line, navigation clearance work or fish ladder.

4. Irrigation dam or reservoir means a dam or reservoir built for the main purpose of supplying water for agricultural or industrial production or daily life combined with flood diversion and attenuation.

5. Hydropower dam or reservoir means a dam or reservoir built for the main purpose of electricity generation.

6. Irrigation dam or reservoir owner means an agency or organization empowered and assigned by the State to represent the owner of a state-funded dam or reservoir; an organization or individual that invests on its/his/her own in building a dam or reservoir; hydropower dam or reservoir owner means an organization or individual that invests on its/his/her own in building, or is transferred the ownership of, a dam or reservoir.

7. Irrigation dam or reservoir manager means a specialized agency performing the state management of hydraulic work under the Ministry of Agriculture and Rural Development, a People’s Committee at any level or an organization empowered and assigned by the State to represent the owner; a grassroots-level hydraulic-work organization; or an organization or individual that invests on its/his/her own in building an irrigation dam or reservoir.

8. Dam or reservoir exploiter means an organization or individual assigned to manage and exploit a dam or reservoir.

9. Downstream area of a dam means an area that will be flooded when a reservoir discharges water according to a regular process or in an emergency circumstance or when the dam is broken.

10. Emergency circumstance means a case where there is a rain or flood in excess of the designed capacity, or an earthquake in excess of the designed standard in the basin of a reservoir, or another impact making a dam unsafe.

11. Dam safety inspection means activities of checking and assessing the quality or cause of damage or assessing the safety of a dam or reservoir and reservoir-related works through survey, observation and test combined with calculation and analysis.

12. Operation monitoring system means a system of equipment for connecting data of special-use hydrometeorological monitoring and flood developments in downstream areas of dams; cameras for monitoring operation of works and software for assisting dam and reservoir operation based on actual developments.

Article 3. Classification of dams and reservoirs

1. Particularly important dams and reservoirs include:

a/ Dams that are at least 100 meters in height or dams of reservoirs specified at Points b and c of this Clause;

b/ Reservoirs with a total capacity of at least 1,000,000,000 m³each;

c/ Reservoirs with a total capacity of between 500,000,000 m³ and under 1,000,000,000 m³ each and downstream areas of their dams being cities, towns, industrial parks or important national security works.

2. Large dams and reservoirs include:

a/ Dams that are between 15 meters and under 100 meters in height or dams of reservoirs specified at Point c of this Clause;

b/ Dams that are between 10 meters and under 15 meters in height and at least 500 meters in length or those that are between 10 meters and under 15 meters in height and have a designed discharge capacity of over 2,000 m³/s;

c/ Reservoirs with a total capacity of between 3,000,000 m³ and under 1,000,000,000 m³each, except those specified at Point c, Clause 1 of this Article.

3. Medium dams and reservoirs include:

a/ Dams that are between 10 meters and under 15 meters in height or dams of reservoirs specified at Point b of this Clause, except those specified at Point b, Clause 2 of this Article;

b/ Reservoirs with a total capacity of between 500,000 m³ and under 3,000,000 m³ each.

4. Small dams are those of under 10 meters in height and small reservoirs are those with a total capacity of under 500,000 m³ each.

5. Competence to decide on the lists of particularly important, high, medium and low dams and reservoirs

a/ The Minister of Agriculture and Rural Development and Minister of Industry and Trade shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees of localities where dams and reservoirs are located in, submitting to the Prime Minister for decision the list of particularly important dams and reservoirs;

b/ The Minister of Agriculture and Rural Development may decide on the lists of large, medium and small dams and reservoirs of which the exploitation and protection fall within the competence of 2 or more provinces; the Minister of Industry and Trade may decide on the lists of large, medium and small dams and reservoirs which are located in 2 or more provinces;

c/ Provincial-level People’s Committees shall decide on lists of dams and reservoirs in their respective localities, except those specified at Points a and b of this Clause.

Article 4. Principles of management of dam and reservoir safety

1. Dam and reservoir safety assurance is the top priority in the dam and reservoir construction investment, management and exploitation.

2. The management of dam and reservoir safety shall be performed in a constant and continuous manner throughout the survey, designing, construction, management, exploitation and protection of dams and reservoirs.

3. Dam and reservoir owners shall take responsibility for the safety of their own dams and reservoirs.

4. Dam and reservoir exploiters shall manage and exploit dams and reservoirs in a safe and effective manner.

Chapter II

MANAGEMENT OF DAM AND RESERVOIR SAFETY IN THE STAGE OF CONSTRUCTION

Article 5. Requirements on design and construction of dams and reservoirs

1. The design and construction of a dam or reservoir must comply with the law on construction, other relevant regulations and the following provisions:

a/ Dam or reservoir construction investment must satisfy the requirements prescribed in Article 17 of the Law on Hydraulic Work;

b/ The overall layout and structural design of a dam must facilitate the dam safety management and rescue upon occurrence of incidents and the maintenance, upgrading and repair when the dam is damaged;

c/ The processes of operating gates and maintaining each component of a dam or reservoir shall be prepared and approved together with its design dossier and handed over to its manager upon handover of the work for exploitation;

d/ An electrically operated gate of a spillway must have at least two power sources, including one from a backup generator;

dd/ Dam or reservoir observation equipment must be installed according to the current national standards and technical regulations and relevant regulations;

e/ For a dam or reservoir with a flood control gate, there must be an operation monitoring system, equipment for communication and safety warning for the dam and its downstream area; or special-use hydrometeorological monitoring equipment in the reservoir basin;

g/ For a large dam or reservoir with an uncontrolled spillway, there must be equipment for communication and safety warning for the dam and its downstream area; or special-use hydrometeorological monitoring equipment in the reservoir basin;

h/ For a medium or small dam or reservoir with an uncontrolled spillway, it is encouraged to apply the provision of Point g of this Clause;

i/ A dam or reservoir database must be developed.

2. For a particularly important or large dam or reservoir, in addition to the provision of Clause 1 of this Article, a project owner shall also comply with the following provisions:

a/ Water intake and drainage works with their bottoms placed deeply in the dam top must be of appropriate height and width to facilitate inspection and repair activities;

b/ Management roads shall be built for dam rescue upon occurrence of emergency circumstances; working offices shall be built to serve the management and exploitation and natural disaster prevention and control watch at the work.

3. For a medium or small dam or reservoir, it is encouraged to apply the provision of Clause 2 of this Article.

4. In the course of construction of a dam or reservoir, a project owner shall:

a/ Make natural disaster response plans for the work and downstream area of the dam under Article 6 of this Decree and submit them to a competent state agency for approval under Article 7 of this Decree;

b/ Make, approve and implement natural disaster response plans under Article 22 of the Law on Natural Disaster Prevention and Control.

5. A dam or reservoir project owner shall make a plan on response to emergency circumstances under Articles 25 and 26 of this Decree and submit it to a competent state agency for approval before storing water and hand it over to the dam or reservoir exploiter and state management agencies in charge of hydraulic work, hydropower and natural disaster prevention and control.

Article 6. Contents of a natural disaster response plan for a work and/or downstream area of a dam in the course of construction

1. Summary of characteristics and construction progress, scheduled points of time of water flow diversion, construction of the dam and reservoir and work items related to natural disaster prevention and control.

2. Anticipation of circumstances which might threaten the safety of the dam or reservoir and the downstream area, and response measures.

3. Resources for implementation of the plan.

Article 7. Appraisal and approval of a natural disaster response plan for a work and/or downstream area of a dam in the course of construction

1. Appraisal dossier

A dam or reservoir project owner that requests approval of a natural disaster response plan for the work and/or downstream area of the dam shall submit 1 dossier set directly or send it by post to an agency specified in Clause 5 of this Article. Such a dossier must comprise:

a/ A written request for approval of a natural disaster response plan for a work and/or downstream area of a dam;

b/ The draft natural disaster response plan;

c/ A report on technical calculation results;

d/ Written opinions of related agencies and units;

dd/ Other enclosed relevant documents (if any).

2. Contents of appraisal of a natural disaster response plan for a work and/or downstream area of a dam

a/ Examination of legal grounds of the submitted dossier;

b/ Examination and assessment of the reliability of documents used for making the plan;

c/ Remarks and assessments of the reasonability of the dossier and draft plan.

3. The order and procedures for appraising a natural disaster response plan for a work and/or downstream area of a dam

a/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall check and examine it. In case the dossier is invalid, the dossier-receiving agency shall notify such in writing to the plan approval requester for supplementing the dossier under regulations;

b/ Within 2 working days after receiving a valid dossier, the dossier-receiving agency shall appraise it and conduct a field inspection when necessary, then propose a competent authority to consider and approve the dossier. In case the dossier is unsatisfactory for approval, the dossier-receiving agency shall return the dossier to the approval requester together with a written notice of the reason for disapproval.

4. Agencies in charge of receiving dossiers and appraising natural disaster response plans for works and downstream areas of dams

a/ Commune-level People’s Committees shall receive dossiers and appraise natural disaster response plans for works and downstream areas of dams falling under their approving competence;

b/ District-level specialized state management agencies in charge of hydraulic work shall receive dossiers and appraise natural disaster response plans for hydraulic structures and downstream areas of irrigation dams falling under the approving competence of district-level People’s Committees; district-level specialized state management agencies in charge of hydropower shall receive dossiers and appraise natural disaster response plans for hydropower works and downstream areas of hydropower dams falling under the approving competence of district-level People’s Committees;

c/ Provincial-level Agriculture and Rural Development Departments shall receive dossiers and appraise natural disaster response plans for hydraulic structures and downstream areas of irrigation dams, while provincial-level Industry and Trade Departments shall receive dossiers and appraise natural disaster response plans for hydropower works and downstream areas of hydropower dams falling under the approving competence of provincial-level People’s Committees.

5. Competence to approve natural disaster response plans for works and downstream areas of dams

a/ Commune-level People’s Committees may approve plans for dams, reservoirs and downstream areas of dams, each located in 1 commune;

b/ District-level People’s Committees may approve plans for dams, reservoirs and downstream areas of dams, each located in 2 or more communes of 1 district;

c/ Provincial-level People’s Committees may approve plans for dams, reservoirs and downstream areas of dams in their localities, except those specified at Points a and b of this Clause; and approve plans for dams, reservoirs and downstream areas of dams, each located in 2 or more provinces, after consulting related provincial-level People’s Committees.

Article 8. Examination of dam and reservoir pre-acceptance test

1. The pre-acceptance test of a dam or reservoir in the course of construction and upon completion of construction is subject to examination in accordance with regulations on quality control and maintenance of construction works.

2. The State Council for Pre-Acceptance Test of Construction Works shall examine the pre-acceptance test by project owners of particularly important dams and reservoirs and those of large size and with sophisticated technologies on the list annually decided by the Prime Minister.

3. The specialized agency in charge of construction of the Ministry of Agriculture and Rural Development shall examine the pre-acceptance test by project owners of grade-I or special-grade irrigation dams and reservoirs; dams and reservoirs assigned by the Prime Minister; irrigation dams and reservoirs of which the exploitation and protection fall under the competence of 2 or more provinces, regardless of investment capital sources, except those specified in Clause 2 of this Article.

4. The specialized agency in charge of construction of the Ministry of Industry and Trade shall examine the pre-acceptance test by project owners of grade-I or special-grade hydropower dams and reservoirs; hydropower dams and reservoirs assigned by the Prime Minister; hydropower dams and reservoirs each located in 2 or more provinces, regardless of investment capital sources, except those specified in Clause 2 of this Article.

5. Chairpersons of provincial-level People’s Committees shall assign provincial-level specialized agencies in charge of hydraulic work or hydropower to examine the pre-acceptance test by project owners falling within their provinces’ investment-deciding competence and irrigation and hydropower dams and reservoirs located within their localities, regardless of investment capital sources, except those specified in Clauses 2, 3 and 4 of this Article.

Article 9. Archive of dossiers

The compilation and archive of dossiers of dams and reservoirs must comply with the laws on archive and construction and the following provisions:

1. The project owner of a dam or reservoir shall make and archive a dossier of construction work completion before pre-acceptance test and commissioning of the work.

2. For a dam or reservoir currently in exploitation without any archived work dossier, its exploiter shall compile and archive a dossier for the work within 3 years from the effective date of this Decree.

3. The manager or exploiter of a dam or reservoir shall archive the construction dossier of the work to serve management and exploitation work for a period at least equal to the life time of the work as prescribed by law.

4. A particularly important, large or medium dam or reservoir must have an e-dossier updated into the dam and reservoir database management system.

Chapter III

MANAGEMENT OF DAM AND RESERVOIR SAFETY IN THE STAGE OF EXPLOITATION

Article 10. Declaration for registration of dam and reservoir safety

1. Responsibility to make declaration for registration of dam and reservoir safety

a/ A dam or reservoir project owner shall make a written declaration for registration of dam or reservoir safety and send it to a competent state agency within 30 working days from the date of pre-acceptance test for commissioning;

b/ For a dam or reservoir currently in exploitation for which no written declaration for its safety registration has been made, its exploiter shall make such a written declaration and send it to a competent state agency within 45 working days from the effective date of this Decree;

c/ Upon adjustment of the size or use purpose or change of the owner, manager or exploiter of a dam or reservoir currently in exploitation, the exploiter shall modify the written declaration for registration of dam or reservoir safety and send the modified declaration to a competent state agency within 15 working days from the date of adjustment or change.

2. The declaration form for registration of dam or reservoir safety is provided in the Appendix to this Decree.

3. Responsibility to receive written declarations for registration of dam or reservoir safety

a/ For irrigation dams or reservoirs

District-level People’s Committees shall receive written declarations for safety registration of small irrigation dams and reservoirs in their localities and summarize and report them to provincial-level Agriculture and Rural Development Departments.

Provincial-level Agriculture and Rural Development Departments shall receive written declarations for safety registration of particularly important, large and medium irrigation dams and reservoirs in their localities under their management.

Provincial-level Agriculture and Rural Development Departments shall summarize and build databases on technical specification and management information of irrigation dams and reservoirs in their localities; and report them to provincial-level People’s Committees and the Ministry of Agriculture and Rural Development.

b/ For hydropower dams and reservoirs: Provincial-level People’s Committees shall receive written declarations for safety registration; sum up and build databases on technical specifications and management information of hydropower dams and reservoirs in their localities; and report them to provincial-level People’s Committees and the Ministry of Agriculture and Rural Development.

Article 11. Reservoir operation process

1. The reservoir operation process must comply with the Law on Hydraulic Work, Law on Water Resources and relevant laws and conform to the operation process of inter-reservoirs on river basins approved by the Prime Minister.

2. Principal contents of a reservoir operation process

a/ Legal grounds for formulating the process, principles of operation, main technical specifications and tasks of the work;

b/ Regulations on the operation process of gates (if any); specific regulations on reservoir operation in flood season and dry season in normal circumstances and in case of drought, water shortage, saltwater intrusion, flood, inundation, waterlogging, water source pollution, and in emergency circumstances;

c/ Regulations on monitoring and provision of specialized hydrometeorological monitoring information under Article 15 of this Decree;

d/ Warnings about flood discharge in normal circumstances and emergency circumstances or upon electricity generation, including: minimum period for notification prior to the opening of the first sluice gate; warning signs, time and position; responsibility of organizations and individuals to notify, transmit and abide by flood discharge orders; responsibility of organizations and individuals to give, transmit and receive flood discharge warnings;

dd/ Regulations on minimum flow (if any);

e/ Regulations on responsibilities and powers of related organizations and individuals to follow the reservoir operation process under Clause 6, Article 13 of this Decree;

g/ Regulations on implementation and modification of the reservoir operation process.

3. Responsibility to formulate and modify a reservoir operation process

a/ A dam or reservoir project owner shall formulate a reservoir operation process and submit it to a competent state agency for approval before storing water, and hand it over to the exploiter and state management agency in charge of hydraulic work, hydropower or natural disaster prevention and control;

b/ For a dam or reservoir currently under exploitation but having no operation process, its exploiter, for an irrigation dam or reservoir, or owner, for a hydropower dam or reservoir, shall formulate an operation process and submit it to a competent state agency for approval within 1 year from the effective date of this Decree;

c/ Every 5 years or when the operation process becomes inappropriate, an irrigation dam or reservoir exploiter or a hydropower dam or reservoir owner shall revise and adjust the operation process, then submit it to a competent state agency for approval.

Article 12. Appraisal, approval, modification and publicization of reservoir operation processes

1. A dossier of a reservoir operation process to be submitted for appraisal

A reservoir operation process approval requester shall submit 1 dossier set directly or send it by post to the dossier-receiving agency specified in Clause 2 of this Article. Such dossier must comprise:

a/ A report requesting approval of the reservoir operation process;

b/ The draft reservoir operation process;

c/ An explanatory report on technical calculation results;

d/ A map of the work’s status;

dd/ Written opinions of related agencies and units;

e/ Other enclosed relevant documents.

2. Agencies receiving dossiers for appraisal of reservoir operation processes

a/ The Directorate of Water Resources shall receive dossiers and appraise operation processes of reservoirs falling under the approving competence of the Ministry of Agriculture and Rural Development;

b/ The Industrial Safety Technique and Environment Agency shall receive dossiers and appraise operation processes of hydropower reservoirs falling under the approving competence of the Ministry of Industry and Trade;

c/ Provincial-level Agriculture and Rural Development Departments shall receive dossiers and appraise operation processes of irrigation reservoirs falling under the approving competence of provincial-level People’s Committees;

d/ Provincial-level Industry and Trade Departments shall receive dossiers and appraise operation processes of hydropower reservoirs falling under the approving competence of provincial-level People’s Committees;

dd/ Agencies in charge of state management of hydraulic work of district-level People’s Committees shall receive dossiers and appraise operation processes of irrigation reservoirs falling under the approving competence of district-level People’s Committees.

3. In case of necessity, agencies approving operation processes may decide to set up councils to appraise reservoir operation processes.

4. An appraising agency shall collect opinions on a draft operation process as follows:

a/ For a reservoir operation process falling under the approving competence of the Ministry of Agriculture and Rural Development or Ministry of Industry and Trade, it shall collect opinions from related organizations and individuals and experts; and propose a competent authority to consult related ministries and provincial-level People’s Committees;

b/ For a draft operation process of a local reservoir falling under the approving competence of a provincial-level People’s Committee, it shall collect opinions from district-level People’s Committees, related organizations and individuals, and experts;

c/ For a reservoir operation process falling under the approving competence of a district-level People’s Committee, it shall collect opinions from commune-level People’s Committees, related organizations and individuals, and experts.

5. Contents of appraisal

a/ Checking legal grounds and necessity to make the reservoir operation process and dossier to be submitted for appraisal;

b/ Checking and evaluating the reliability of documents used in the calculation, and calculation results for different cases of operation;

c/ Commenting on and assessing the reasonability and feasibility of the draft operation process.

6. Order of appraisal

a/ Within 3 working days after receiving a dossier, a dossier-receiving agency shall check and examine it. In case the dossier is invalid, the receiving agency shall notify such in writing to the operation process approval requester for supplementation of the dossier under regulations;

b/ Within 30 working days after receiving a complete and valid dossier, the dossier-receiving dossier shall appraise it and submit it to a competent authority for consideration and approval. In case the dossier is ineligible for approval, the receiving agency shall notify such in writing to the approval requester for supplementation of the dossier.

7. Competence to approve and publicize reservoir operation processes

a/ The Ministry of Agriculture and Rural Development shall approve and publicize operation processes of particularly important irrigation reservoirs and irrigation reservoirs the exploitation and protection of which involve 2 or more provinces;

b/ The Ministry of Industry and Trade shall approve and publicize operation processes of particularly important hydropower reservoirs and hydropower reservoirs located in 2 or more provinces;

c/ Provincial-level People’s Committees shall approve and publicize or decentralize powers to district-level People’s Committees to approve and publicize operation processes of irrigation reservoirs in their localities, except those specified at Point a of this Clause and Clause 8 of this Article, and approve and publicize operation processes of hydropower reservoirs, except those specified at Point b of this Clause and Clause 8 of this Article.

8. For small reservoirs, their exploiters shall make and publicize their operation processes.

9. Modification of reservoir operation processes

a/ When the demand for water or water source, size or task of a reservoir changes or its operation process becomes inappropriate, such operation process shall be modified;

b/ Contents and order of and procedures for modifying a reservoir operation process must comply with the provisions of Article 11; and Clauses 1 thru 8 of this Article.

10. A reservoir operation process shall be approved and publicized as follows:

a/ The reservoir operation process of a particularly important, large or medium reservoir shall be published on the portals or websites of the approving agency, appraising agency, managing agency and exploiter;

b/ The reservoir operation process of a small reservoir shall be publicly posted at the office of the exploiting organization, key facilities and the office of the related commune-level People’s Committee.

Article 13. Implementation of reservoir operation processes

1. A dam or reservoir exploiter shall operate the dam or reservoir according to the reservoir operation process and inter-reservoir operation process approved by a competent state agency, and Articles 27, 28 and 45 of the Law on Hydraulic Work and Clause 3, Article 53 of the Law on Water Resources.

2. Reservoir operation shall be recorded by dam or reservoir exploiters in operation logs.

3. Once every 5 years, an irrigation dam or reservoir exploiter shall review and assess results of implementation of the operation process, then report them to the dam or reservoir owner or manager.

4. Once every 5 years, an irrigation dam or reservoir owner shall review and assess results of implementation of the operation process, then report them to the provincial-level Industry and Trade Department and the agency that has approved the operation process.

5. A provincial-level Agriculture and Rural Development Department shall report on summarized results of the implementation of irrigation reservoir operation processes in its locality to the provincial-level People’s Committee and Ministry of Agriculture and Rural Development. A provincial-level Industry and Trade Department shall report on summarized results of the implementation of hydropower reservoir operation processes in its locality to the provincial-level People’s Committee and Ministry of Industry and Trade.

6. Responsibilities and powers of related organizations and individuals for implementing reservoir operation processes

a/ A dam or reservoir manager shall direct, inspect and supervise the implementation of the reservoir operation process and inter-reservoir operation process approved by a competent state agency;

b/ A provincial-level People’s Committee chairperson shall direct, inspect and supervise the implementation of reservoir operation processes and inter-reservoir operation processes under the provincial management; direct the assurance of safety and decide on response measures to emergency incidents occurring to dams and reservoirs under its management; and report to the Prime Minister on emergency circumstances falling beyond the local response capability;

c/ The head of a provincial-level Commanding Committee for Natural Disaster Prevention and Control and Search and Rescue shall organize watch and monitoring of rains and floods, decide on regulation plans, give reservoir operation orders, and decide on urgent flood discharge for dams and reservoirs in the locality under the Committee’s management according to his/her competence and assigned tasks; and report to the Head of the Central Steering Committee for Natural Disaster Prevention and Control in emergency circumstances falling beyond the local response capability;

d/ The Minister of Agriculture and Rural Development and Minister of Industry and Trade shall direct and inspect the implementation of reservoir operation processes and inter-reservoir operation processes of dam and reservoir exploiters under their ministries’ management as approved by a competent state agency; direct the application of response measures in emergency circumstances and decide on measures to address emergency incidents occurring to dams and reservoirs under their ministries’ management; report to the Prime Minister and the Head of the Central Steering Committee for Natural Disaster Prevention and Control in emergency circumstances falling beyond the response capability of their ministries.

dd/ The head of the Central Steering Committee for Natural Disaster Prevention and Control shall direct the prevention of flood and inundation in dam downstream areas according to his/her powers and responsibilities; direct and support the application of measures to respond to emergency circumstances that go beyond responding capacity of ministries, sectors or localities.

Article 14. Observation of dams and reservoirs

1. A dam or reservoir owner shall install equipment for dam or reservoir observation according to the national standards and technical regulations and relevant regulations.

2. Responsibilities of dam and reservoir exploiters

a/ To monitor their dams and reservoirs and related works according to design dossiers and national standards and technical regulations for constant surveillance of safety and stability of such works;

b/ To analyze, assess and process observation data; to detect abnormal signs for timely handling; to archive observation documents under regulations;

c/ To report on observation results to dam and reservoir managers and owners.

Article 15. Specialized hydrometeorological monitoring

1. Dam and reservoir owners shall ensure funds for specialized hydrometeorological monitoring of their dams and reservoirs.

2. Dam and reservoir exploiters shall collect specialized hydrometeorological forecast and monitoring information according to national standards and technical regulations and relevant regulations.

3. Contents of specialized hydrometeorological monitoring

a/ For a dam or reservoir with flood control gates, monitoring rainfall in the basin and water levels in the upstream and downstream areas of the dam; calculating the inflow and discharge flow; and forecasting the inflow and possibility of higher reservoir water level;

b/ For a large dam or reservoir with a free spillway, monitoring rainfall in the basin and water levels in the upstream and downstream areas of the dam and calculating the inflow and discharge flow;

c/ For a medium dam or reservoir with a free spillway, monitoring water levels in the upstream and downstream areas of the dam and calculating the discharge flow; the application of other provisions at Point b of this Clause is encouraged;

d/ For a small dam or reservoir with a free spillway, monitoring water levels in the upstream and downstream areas of the dam and water level at the spillway.

4. Monitoring regime

a/ For a dam or reservoir with flood control gates: To monitor twice a day at 7:00 and 19:00 hours in the dry season, or 4 times a day at 1:00 hour and 7:00, 13:00 and 19:00 hours in the flood season. In case of flood control operation, the monitoring and calculation frequency is at least once every hour or 4 times every hour when the reservoir water level rises over the designed flood water level;

b/ For a dam or reservoir with a free spillway: To monitor twice a day at 7:00 and 19:00 hours in the dry season, or 4 times a day at 1:00 hour and 7:00, 13:00 and 19:00 hours in the flood season when the reservoir water level is lower than the spill level; once every hour when the reservoir water level is equal to or higher than the spill level; or four times every hour when the reservoir water level rises over the designed flood water level.

5. A dam or reservoir exploiter shall provide specialized hydrometeorological monitoring information and data and update it on its/his/her website in accordance with the law on hydrometeorology and the following regulations:

a/ For a dam or reservoir with flood control gates or a particularly important or large dam or reservoir with a free spillway: To provide hydrometeorological monitoring information and data to the dam or reservoir manager, the state management agency in charge of hydraulic work or hydropower, natural disaster prevention and control agency of the locality where the dam or reservoir is located or the downstream area of the dam, the Ministry of Agriculture and Rural Development or Ministry of Industry and Trade according to its scope of management, and the Central Steering Committee for Natural Disaster Prevention and Control in emergency circumstances;

b/ For a medium or small dam or reservoir with a free spillway: To provide hydrometeorological monitoring information and data to the dam or reservoir manager, the state management agency in charge of hydraulic work or hydropower, natural disaster prevention and control agency of the locality where the dam or reservoir is located or the downstream area of the dam.

6. Provision of information and reporting

a/ The provision of information and reporting shall be carried out in one of the following forms: Direct delivery, sending by fax, telephone or ICOM, via the computer network or other forms;

b/ Original documents shall be sent to owners and managers for management file monitoring and archive.

7. For a dam or reservoir currently under exploitation without any specialized hydrometeorological monitoring equipment, such an equipment shall be installed within 2 years, for a dam or reservoir with flood control gates, or within 3 years, for a dam or reservoir with a free spillway, from the effective date of this Decree.

Article 16. Inspection of dams and reservoirs

1. A dam or reservoir exploiter shall inspect and assess safety of the dam or reservoir as follows:

a/ To carry out regular inspection and direct monitoring of the dam or reservoir in order to grasp its actual state;

b/ Before the annual rainy season, to inspect and assess safety of the dam or reservoir; to take measures to proactively prevent and control and promptly remedy breakdowns to ensure safety for the dam or reservoir;

c/ After the annual rainy season, to inspect the dam or reservoir to detect breakdowns; to monitor developments of dam or reservoir breakdowns; to draw experience from the natural disaster prevention and control work; to propose measures and plans to repair and remedy breakdowns or degradations;

d/ Right after a big rain or flood in the basin or a strong earthquake in the location, to inspect and assess the actual safety state of the dam or reservoir;

dd/ If detecting an unexpected breakdown at the dam or reservoir, to report it to the owner or manager and competent state agency, and at the same time to promptly take measures to ensure its safety.

2. Contents of a report on the actual safety state of a dam or reservoir

a/ For a particularly important or large dam or reservoir: the highest water level of the reservoir; the biggest flood flow into the reservoir, flood peak time and flow, and total flood flow; analyzed, assessed and processed dam monitoring result data; work inspection results before and after the rainy season; breakdowns and repair or remediation activities;

b/ For a medium or small dam or reservoir: the highest water level of the reservoir; work inspection results before and after the rainy season; breakdowns and repair or remediation activities.

3. Deadline for sending a regular report on the actual safety state of a dam or reservoir

a/ April 15 every year, for the North, Northern Central Vietnam, Central Highlands, and the South;

b/ August 15 every year, for the Southern Central Vietnam.

4. Responsibility to report on the actual safety state of a dam or reservoir on an annual basis:

a/ An irrigation dam or reservoir exploiter shall send reports to the provincial-level Agriculture and Rural Development Department for summing up and reporting to the provincial-level People’s Committee of the locality where the irrigation dam or reservoir is located, and to the Ministry of Agriculture and Rural Development;

b/ A hydropower dam or reservoir owner shall send reports to the provincial-level Industry and Trade Department for summing up and reporting to the provincial-level People’s Committee of the locality where the hydropower dam or reservoir is located, and to the Ministry of Industry and Trade;

c/ The Ministry of Agriculture and Rural Development and Ministry of Industry and Trade shall sum up and report on the actual safety state of dams and reservoirs under their respective management to the Prime Minister.

5. A dam or reservoir exploiter shall promptly report to the People’s Committee and Commanding Committee for Natural Disaster Prevention and Control and Search and Rescue of the locality where the dam or reservoir is located, and to related agencies upon occurrence of an emergency circumstance.

Article 17. Responsibility to examine and assess safety of dams and reservoirs before the start of an annual rainy season

1. The Ministry of Agriculture and Rural Development shall organize safety examination and assessment of irrigation dams and reservoirs; and decide on water storage plans and safety solutions for particularly important irrigation dams and reservoirs and irrigation dams and reservoirs the exploitation and protection of which involve 2 or more provinces.

2. The Ministry of Industry and Trade shall organize safety examination and assessment of hydropower dams and reservoirs; and decide on water storage plans and safety solutions for particularly important hydropower dams and reservoirs and hydropower dams and reservoirs each located in 2 or more provinces, except those prescribed in Clause 7 of this Article.

3. Provincial-level People’s Committees shall organize safety examination and assessment of dams and reservoirs; and decide on water storage plans and safety solutions for dams and reservoirs in their provinces, except those prescribed in Clauses 1, 2 and 7 of this Article.

4. The safety of dams and reservoirs shall be assessed by an advisory council for safety assessment of dams and reservoirs. This council has the tasks to inspect, research, analyze, assess and give advice on the safety of dams and reservoirs, water storage plans for reservoirs, and safety solutions for dams and reservoirs.

5. A ministerial-level advisory council for safety assessment of dams and reservoirs

a/ The Ministry of Agriculture and Rural Development shall decide to form an advisory council for safety assessment of dams and reservoirs under the Ministry’s management;

b/ The Ministry of Industry and Trade shall decide to form an advisory council for safety assessment of particularly important hydropower dams and reservoirs and hydropower dams and reservoirs which are located in 2 or more provinces, except those prescribed in Clause 7 of this Article;

c/ A council shall be composed of the chairperson, a vice chairperson, a secretary, a critic member, and other members being representatives of specialized agencies of related ministries and localities which perform the state management of hydraulic work or hydropower, exploiters of dams and reservoirs, and technical consultants.

6. A provincial-level advisory council for safety assessment of dams and reservoirs

a/ The provincial-level People’s Committee shall decide to form an advisory council for safety assessment of potentially unsafe dams and reservoirs under the province’s management, except those prescribed in Clause 7 of this Article;

b/ The council shall be composed of the chairperson, a vice chairperson, a secretary, a critic member, and other members being representatives of provincial-level specialized agencies which perform the state management of hydraulic work or hydropower, representatives of the district-level People’s Committees of the localities having dams and reservoirs, and technical consultants.

7. Advisory council for safety assessment of dams and reservoirs in the Da river hydropower terraces

a/ The Minister of Science and Technology shall decide to form an advisory council for safety assessment of dams and reservoirs in the Da river hydropower terraces, including dams and reservoirs of the hydropower projects of Hoa Binh, Son La, Lai Chau, Huoi Quang, and Ban Chat;

b/ The council shall be composed of the chairperson, a vice chairperson, a secretary, a critic member, and other members being representatives of specialized agencies of related ministries, sectors and localities which perform the state management of hydraulic work or hydropower, exploiters of dams and reservoirs, and independent experts experienced in the construction of hydraulic structures and hydropower works;

c/ The council shall inspect and assess the safety of dams and reservoirs in the Da river hydropower terraces.

Article 18. Safety inspection of dams and reservoirs

1. An initial inspection shall be carried out in the third year from the date water is stored reaching the normal level or in the fifth year from the date water is stored.

2. A periodical inspection shall be carried out every 5 years from the last inspection, for particularly important, large, and medium dams and reservoirs.

3. An unscheduled inspection shall be carried out:

a/ When detecting signs of damage, degradation or unsafety to a dam or reservoir;

b/ To serve as a basis for decision to prolong the life time of the dam or reservoir whose design life time is about to expire or for repairing or upgrading the work;

c/ Under a decision of a competent state agency defined in Clause 4 of this Article.

4. Competence to decide on unscheduled inspections

a/ The Ministry of Agriculture and Rural Development shall decide on unscheduled inspections of particularly important irrigation dams and reservoirs, and irrigation dams and reservoirs the exploitation and protection of which involve 2 or more provinces;

b/ The Ministry of Industry and Trade shall decide on unscheduled inspections of particularly important hydropower dams and reservoirs, and hydropower dams and reservoirs which are located in 2 or more provinces;

c/ Provincial-level People’s Committees shall decide on unscheduled inspections of dams and reservoirs in their provinces, except those prescribed at Points a and b of this Clause.

5. Principal contents of safety inspection of dams and reservoirs

a/ For particularly important and large dams and reservoirs: examination and analysis of dam or reservoir monitoring documents; survey and exploration of potential dangers or flaws of dams or reservoirs; examination of erosion and sedimentation of reservoirs; examination of the flood discharge capacity of reservoirs based on current relevant national standards or technical regulations, hydrometeorological documents and updated changes related to basins; and quality and safety assessment of dams and reservoirs;

b/ For medium and small dams and reservoirs: survey and exploration of potential dangers or flaws of dams or reservoirs; examination of erosion and sedimentation of reservoirs; examination of the flood discharge capacity of reservoirs based on current relevant national standards or technical regulations, hydrometeorological documents and updated changes related to basins; and quality and safety assessment of dams and reservoirs.

6. Responsibility to inspect safety of irrigation dams and reservoirs

a/ Exploiters of irrigation dams and reservoirs shall conduct safety inspection under approved plans;

b/ Managers of irrigation dams and reservoirs shall appraise inspection plans, cost estimates, and results, and approve them according to their competence or submit them to owners of such dams and reservoirs for approval; then send inspection results to provincial-level People’s Committees of the localities where such dams and reservoirs are located, and to the Ministry of Agriculture and Rural Development.

7. Owners of hydropower dams and reservoirs shall organize inspections and approve inspection plans and results in accordance with law; and report inspection results to provincial-level Departments of Industry and Trade for summarization and reporting to the provincial-level People’s Committees of the localities where the dams and reservoirs are located, and to the Ministry of Industry and Trade.

Article 19. Appraisal and approval of safety inspection plans and results with regard to irrigation dams and reservoirs

1. Dossier for appraisal and approval

Organizations and individuals that request approval of safety inspection plans and results for irrigation dams or reservoirs shall submit 1 dossier set directly or send it by post to the dossier-receiving agency defined in Clause 2 of this Article. A dossier must comprise:

a/ A written request for approval of the irrigation dam or reservoir safety inspection plan and result;

b/ The draft plan on the dam or reservoir safety inspection;

c/ Other relevant documents (if any).

2. Agencies receiving dossiers and appraising and approving dam or reservoir safety inspection plans and results

a/ The Directorate of Water Resources shall receive dossiers and appraise and approve safety inspection plans and results for particularly important irrigation dams and reservoirs, and irrigation dams and reservoirs the exploitation and protection of which involve 2 or more provinces, or submit the plans and results to the owners of such dams and reservoirs for approval;

b/ Provincial-level Departments of Agriculture and Rural Developments shall receive dossiers and appraise and approve safety inspection plans and results of large and medium irrigation dams and reservoirs located in their localities, and small irrigation dams and reservoirs involving 2 or more districts, except those referred to at Point a of this Clause, or submit the plans and results to the owners of such dams and reservoirs for approval;

c/ District-level specialized agencies performing the state management of hydraulic work shall receive dossiers and appraise and approve safety inspection plans and results of small irrigation dams and reservoirs in their localities, except those referred to at Point b of this Clause, or submit the plans and results to the owners of such dams and reservoirs for approval.

3. Appraisal contents

a/ Examination of legal grounds of the dossier;

b/ Examination and evaluation of the reliability of documents submitted;

c/ Remarks on the validity of the dossier.

4. Order and procedures for appraisal

a/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall examine the dossier; if it is invalid, this agency shall notify such to the requester for approval of a plan on safety inspection of an irrigation dam or reservoir for supplementing the dossier under regulations;

b/ Within 15 working days after receiving a complete and valid dossier, the dossier-receiving agency shall appraise it, and conduct on-site inspection if finding it necessary; if the dossier is satisfactory, this agency shall submit it to a competent authority for consideration and approval; if the dossier is unsatisfactory, this agency shall return it to the requester together with a written reply clearly stating the reason for return.

Article 20. Maintenance, repair, upgrading and modernization of dams and reservoirs and installation of operation monitoring systems and devices for communication and safety warning for dams and their downstream areas

1. Dams and reservoirs shall be maintained, repaired, upgraded and modernized in accordance with the law on quality management and maintenance of construction works and other relevant laws.

2. A dam or reservoir shall be repaired or upgraded to ensure safety for the work and its downstream area before the start of an annual rainy season in the following cases:

a/ It becomes unsafe due to damage or degradation;

b/ Its flood discharge capacity is insufficient according to the current relevant national standard or technical regulation;

c/ There is a risk of erosion or sedimentation of the reservoir.

3. For an operating dam or reservoir with flood control gates but without an operation monitoring system and devices for communication and safety warning for the dam and its downstream area, such system and devices shall be installed within 2 years from the effective date of this Decree.

4. For an operating large dam or reservoir with a free spillway but without devices for communication and safety warning for the dam and its downstream area, such devices shall be installed within 3 years from the effective date of this Decree.

5. It is encouraged to install devices for communication and safety warning for dams and their downstream areas for medium and small dams and reservoirs with a free spillway.

6. For a dam or reservoir without maintenance processes for each of its items, its exploiter shall develop such processes and approve them after obtaining written opinions of the dam or reservoir manager within 2 years from the effective date of this Decree.

7. Owners of dams and reservoirs shall ensure funds for the maintenance, repair, upgrading, modernization, and installation of operation monitoring systems and devices for communication and safety warning for the dams and their downstream areas.

Article 21. Protection corridors of dams and reservoirs

1. Protection corridors of dams and reservoirs include the dams and reservoirs and their adjacent areas.

2. Activities carried out within the protection corridor of a dam or reservoir must neither obstruct the operation nor affect the safety of the dam or reservoir; there must be roads for management, and ground areas for its maintenance and handling of incidents occurring to the dam or reservoir.

3. Adjacent areas of a reservoir, covering the adjacent area of the dam and adjacent area of the reservoir, are prescribed as follows:

a/ The adjacent area of the dam shall be measured from the base of the dam outward. For a special-grade dam, the distance from the base of the dam must be at least 300 meters; for a grade-I dam, at least 200 meters; for a grade-II dam, at least 100 meters; for a grade-III dam, at least 50 meters; or for a grade-IV dam, at least 20 meters;

b/ The adjacent area of the reservoir shall be measured from the boundary line with an elevation equal to the elevation of the crest of the dam down to the reservoir.

4. When adjusting the scope or use purpose of a dam or reservoir, the adjacent area of such dam or reservoir shall also be adjusted to comply with Clause 3 of this Article; the agency that has approved the plan on protection of a dam or reservoir is competent to approve adjustments to the protection corridor of the adjacent area of such dam or reservoir.

Article 22. Activities within protection corridors of dams and reservoirs subject to licensing

1. The following activities carried out within the protection corridors of dams and reservoirs are subject to licensing:

a/ Building new structures;

b/ Establishing a wharf, station or yard for storing raw materials, fuel, materials, supplies and vehicles;

c/ Drilling and digging for geological survey; exploring and exploiting minerals and building materials, and exploiting groundwater;

d/ Discharging wastewater, except discharging wastewater in small volumes without hazardous or radioactive substances;

dd/ Planting perennial trees;

e/ Tourism, sports, scientific research, business and service activities;

g/ Operations of inland waterway craft and motor vehicles other than motorcycles, motorbikes and rudimentary inland waterway craft;

h/ Aquaculture;

i/ Blasting and other activities causing explosion;

k/ Building underground structures.

2. The grant, re-grant, extension, modification, suspension, and revocation of licenses for the activities carried out within the protection corridors of irrigation dams and reservoirs must comply with the provisions of Chapter IV of the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work.

3. The grant, re-grant, extension, modification, suspension, and revocation of licenses for the activities carried out within the protection corridors of hydropower dams and reservoirs must comply with the provisions of Chapter IV of the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work, except the provisions of Articles 16 and 17. The competence to grant, re-grant, extend, modify, suspend, and revoke licenses, and agencies receiving dossiers of application for licenses are prescribed below:

a/ The Ministry of Industry and Trade shall grant, re-grant, extend, modify, suspend, and revoke licenses for the activities subject to licensing carried out within the protection corridors of particularly important hydropower dams and reservoirs, except the activity specified at Point d, Clause 1 of this Article;

b/ The Industrial Safety Techniques and Environment Agency shall receive dossiers of application for licenses falling within the competence of the Ministry of Industry and Trade;

c/ Provincial-level People’s Committees shall grant, re-grant, extend, modify, suspend, and revoke licenses for the activities carried out within the protection corridors of hydropower dams and reservoirs located in their localities, except those specified at Point a of this Clause;

d/ Provincial-level Departments of Industry and Trade shall receive dossiers of application of licenses falling within the competence of provincial-level People’s Committees.

Article 23. Protection of dams and reservoirs

1. Owners of hydropower dams and reservoirs and exploiters of irrigation dams and reservoirs shall make plans on protection of such dams and reservoirs.

2. A plan on protection of a dam or reservoir must have the following principal contents:

a/ Topographic characteristics, design specifications, the plan of the dam or reservoir, and boundary markers of the protection corridor of the dam or reservoir;

b/ Information on the management, operation and protection of the dam or reservoir;

c/ Regulations on regular, periodical and unscheduled reporting and inspection;

d/ Regulations on restricting or banning the operation of heavy-weight vehicles within the protection corridor of the dam or reservoir; regulations on fire prevention and fighting; and regulations on safety assurance of document storage places and warehouses for explosive, flammable and hazardous substances;

dd/ Regulations on organization of protection forces and assignment of responsibilities for protection of the dam or reservoir; and equipment and devices supporting protection activities;

e/ Regulations on inspection and control of persons and vehicles entering and leaving the area of the dam or reservoir;

g/ Regulations on prevention, detection, and stoppage of acts encroaching and destroying the dam or reservoir and its adjacent area;

h/ Regulations on protection of the dam or reservoir and handling of incidents which occur or are likely to occur;

i/ Regulations on resources for implementation of the plan;

k/ Regulations on responsibilities of the owner or manager and exploiters of the dam or reservoir, administrations at all levels and related agencies and units.

3. Boundary markers of the protection corridors of irrigation dams and reservoirs shall be planted under regulations of the Minister of Agriculture and Rural Development.

4. Responsibility to plant boundary markers of protection corridors of irrigation dams and reservoirs

a/ Owners of projects to build irrigation dams and reservoirs shall plant boundary markers of the protection corridors of such dams and reservoirs. Expenses for marker planting shall be included in the total investment in the construction of the dams and reservoirs;

b/ For irrigation dams and reservoirs which have no boundary markers of their protection corridors or the protection corridors of which are no longer suitable to reality, exploiters of such dams and reservoirs shall plant boundary markers of their protection corridors. Expenses for marker planting shall be covered by funding for the management and operation of such dams and reservoirs and other lawful funding sources.

5. Competence to approve dam or reservoir protection plans

a/ The Ministry of Agriculture and Rural Development shall approve plans on protection of dams and reservoirs under its management;

b/ The Ministry of Industry and Trade shall approve plans on protection of dams and reservoirs each located in 2 or more provinces;

c/ Provincial-level People’s Committees shall approve, or decentralize district-level People’s Committees to approve, plans on protection of dams and reservoirs in their localities, except those specified at Points an and b of this Clause and in Clause 6 of this Article.

6. Exploiters of small dams and reservoirs shall decide on plans on protection of such plans.

7. The implementation of plans on protection of important dams and reservoirs related to national security must comply with this Decree and the law on protection of important works related to national security.

Article 24. Planting of boundary markers for protection corridors of hydropower dams

1. Dams requiring boundary markers

a/ Dams of hydropower reservoirs with a capacity of 500,000 m³ or more;

b/ Dams of 1.5m high or more.

2. Making of plans on planting of boundary markers

Owners of hydropower dams or reservoirs shall assume the prime responsibility for, and coordinate with provincial-level Departments of Natural Resources and Environment, district-level People’s Committees, and commune-level People’s Committees of the localities where the dams are located, making plans on planting of boundary markers to identify the protection corridors of such dams.

3. Contents of a plan on planting of boundary markers

a/ Identification of the dam’s adjacent area which needs to be protected under Point a, Clause 3, Article 21 of this Decree;

b/ Identification of locations of boundary markers;

c/ Specifications of a boundary marker;

d/ Management of boundary markers.

4. Approval of plans on planting of boundary markers

a/ The owner of a hydropower dam or reservoir shall submit 1 dossier set directly or send it by post to the provincial-level People’s Committee of the locality where the dam is located. The dossier must comprise a written request for approval of a plan on planting of boundary markers and the plan;

If the dossier is invalid, within 5 working days after receiving it, the provincial-level People’s Committee shall notify such in writing to the dam or reservoir owner for supplementing the dossier under regulations.

b/ Within 25 working days after receiving a complete and valid dossier, the provincial-level People’s Committee shall appraise the plan on planting of boundary markers.

c/ If the plan complies with the current relevant regulations and conditions of the place where the dam is to be built, within 5 working days from the date of appraisal of the plan, the provincial-level People’s Committee shall approve the plan. If the plan fails to comply with the current relevant regulations or conditions of the place where the dam is to be built, within 5 working days from the date of appraisal of the plan, the provincial-level People’s Committee shall issue a written request for the dam or reservoir owner to modify the plan;

d/ For a dam with its protection corridor located within one district, the provincial-level People’s Committee may decentralize the district-level People’s Committee of the locality where the dam is to be built to approve the plan on planting of boundary markers.

5. Planting and management of boundary markers

a/ Right after a plan on planting of boundary markers is approved, the owner of a hydropower dam or reservoir shall assume the prime responsibility for, and coordinate with the district-level People’s Committee and commune-level People’s Committee of the locality where the dam is to be built in, organizing the planting of boundary markers under such plan;

b/ Within 10 working days after finishing the planting of boundary markers, the owner of the hydropower dam or reservoir shall hand over the boundary markers to the commune-level People’s Committee of the locality where the dam is to be built for management;

c/ In case a boundary marker is lost or damaged, the commune-level People’s Committee of the locality having such boundary marker shall notify such to the owner of the hydropower dam or reservoir for replacing it.

Article 25. Plans on response to natural disasters and plans on response to emergency circumstances

1. Owners of hydropower dams or reservoirs and exploiters of irrigation dams or reservoirs shall annually formulate, review, adjust and supplement plans on response to natural disasters and plans on response to emergency circumstances.

2. Plans on response to natural disasters must comply with Article 22 of the Law on Prevention and Control of Natural Disasters.

3. Principal contents of a plan on response to emergency circumstances

a/ A scenario of operation of the reservoir in an emergency circumstance or when a dam is broken;

b/ A map showing the inundation and flood developments in the dam’s downstream area in an emergency circumstance or when a dam is broken as prescribed in Article 27 of this Decree;

c/ Emergency circumstances or cases where the dam is broken; plans on response in key structures;

d/ Statistics of the subjects affected by the emergency circumstance, and extent of damage in each scenario;

dd/ Regulations on regimes and methods of providing information, warnings and alarms to local administrations, state management agencies in charge of hydraulic work or natural disaster prevention and control, and people in the affected area;

e/ Response plan suitable to each flood or inundation in the dam’s downstream area;

g/ Resources for implementation of the plan;

h/ Responsibilities of the owner or manager and exploiters of the dam or reservoir, administrations at all levels, and related agencies and units.

4. For a dam or reservoir with flood control gates, or a large dam or reservoir with a free spillway but without devices for communication and safety warning for the dam and its downstream area, such devices shall be installed.

Article 26. Appraisal and approval of plans on response to emergency circumstances

1. Dossier for appraisal of a plan on response to an emergency circumstance

Organizations and individuals that request approval of a plan on response to an emergency circumstance shall submit 1 dossier set directly or send it by post to the dossier-receiving agency defined in Clause 5 of this Article. A dossier must comprise:

a/ A written request for approval of a plan on response to an emergency circumstance;

b/ The draft plan on response to an emergency circumstance;

c/ A report on technical calculation results;

d/ Written opinions of related agencies and units;

dd/ Other relevant documents (if any).

2. Contents of appraisal of a plan on response to an emergency circumstance

a/ Examination of legal grounds of the dossier for approval and appraisal;

b/ Examination and evaluation of the reliability of documents used for preparing the plan;

c/ Remarks and assessments of the validity of the dossier and draft plan.

3. Procedures for appraising a plan on response to an emergency circumstance

a/ Within 3 working days after receiving a dossier, the dossier-receiving agency shall check it; if the dossier is invalid, this agency shall notify such in writing to the requester for approval of the plan for supplementing the dossier under regulations;

b/ Within 20 working days after receiving a complete and valid dossier, the dossier-receiving agency shall appraise the dossier. If the dossier is satisfactory, this agency shall submit it to a competent authority for consideration and approval; if the dossier is unsatisfactory, this agency shall return it to the requester for approval of the plan together with a written reply stating the reason.

4. Agencies receiving dossiers and appraising plans on response to emergency circumstances

a/ Commune-level People’s Committees shall receive dossiers and appraise plans on response to emergency circumstances which are to be approved by commune-level People’s Committees;

b/ Specialized agencies performing the state management of hydraulic work under district-level People’s Committees shall receive dossiers and appraise plans on response to emergency circumstances for irrigation reservoirs which are to be approved by district-level People’s Committees; specialized agencies performing the state management of hydropower under district-level People’s Committees shall receive dossiers and appraise plans on response to emergency circumstances for hydropower reservoirs which are to be approved by district-level People’s Committees;

c/ Provincial-level Departments of Agriculture and Rural Development shall receive dossiers and appraise plans on response to emergency circumstances for irrigation reservoirs; provincial-level Departments of Industry and Trade shall receive dossiers and appraise plans on response to emergency circumstances for hydropower reservoirs which are to be approved by provincial-level People’s Committees.

5. Competence to approve plans on response to emergency circumstances

a/ A commune-level People’s Committee shall approve plans on response to emergency circumstances for dams and reservoirs and downstream areas of dams located in one commune;

b/ A district-level People’s Committee shall approve plans on response to emergency circumstances for dams and reservoirs and downstream areas of dams each located in 2 or more communes of one district;

c/ A provincial-level People’s Committee shall approve plans on response to emergency circumstances for dams and reservoirs and downstream areas of dams located in the locality, except those prescribed at Points a and b of this Clause;

d/ A provincial-level People’s Committee shall approve plans on response to emergency circumstances for dams and reservoirs and downstream areas of dams each located in 2 or more provinces after consulting the concerned provincial-level People’s Committees.

Article 27. Maps showing inundation and flood developments in downstream areas of dams

1. A map showing inundation and flood developments means a map showing the scope and degree of inundation in the downstream area of a dam when a reservoir discharges water according to its operation process or in an emergency circumstance or when a dam is broken.

2. Bases for drawing maps showing inundation and flood developments in downstream areas of dams

a/ For a particularly important or large reservoir, a map showing inundation and flood developments in the downstream area of a dam shall be drawn according to the current national standard or technical regulation;

b/ For a medium or small reservoir, a map showing inundation and flood developments in the downstream area of a dam shall be drawn based on the on-field survey.

3. Responsibility to draw and approve maps showing inundation and flood developments in downstream areas of dams

a/ For a dam’s downstream area affected by inundation or flood of one dam, the dam owner shall draw and approve a map showing inundation and flood developments in the dam’s downstream area;

b/ For a dam’s downstream area affected by inundation or flood of more than one dam in one province, the provincial-level People’s Committee shall draw and approve a map showing inundation and flood developments in the dam’s downstream area and hand it over to related exploiters of the dam or reservoir for making a plan on response to emergency circumstances;

c/ For a dam’s downstream area affected by inundation or flood of more than one dam in 2 or more provinces, the Ministry of Agriculture and Rural Development shall draw and approve a map showing inundation and flood developments in the dam’s downstream area and hand it over to the provincial-level People’s Committee and related exploiters of the dam or reservoir for them to make a plan on response to emergency circumstance.

4. A map showing inundation and flood developments in the downstream area of a dam shall be drawn and approved within 3 years from the effective date of this Decree.

Article 28. Rescue of dams and reservoirs

1. In case an incident occurs and threatens to affect the safety of a dam or reservoir, exploiters of irrigation dams or reservoirs and owners of hydropower dams or reservoirs shall organize an urgent rescue, handle and remediate incidents, and concurrently report such to the People’s Committees and Commanding Committees for Natural Disaster Prevention and Control and Search and Rescue at all levels, and the Central Steering Committee for Natural Disaster Prevention and Control for rescue, support, and prompt implementation of response plans.

2. The People’s Committees and Commanding Committees for Natural Disaster Prevention and Control and Search and Rescue at all levels shall:

a/ Organize the rescue of dams and reservoirs in their localities, and participate in the rescue of dams and reservoirs in other localities in accordance with law;

b/ Decide according to their competence on emergency measures and remediation of consequences in accordance with the law on natural disaster prevention and control in case flood or inundation occurs as a result of incidents happening to dams and causes damage to the downstream areas of dams in their localities. Promptly report cases falling beyond their capacity or competence to the superior Commanding Committee for Natural Disaster Prevention and Control and Search and Rescue or the Central Steering Committee for Natural Disaster Prevention and Control for support and handling.

3. The Ministry of Agriculture and Rural Development and Ministry of Industry and Trade shall coordinate with provincial-level People’s Committees in mobilizing forces, supplies and vehicles for rescuing dams and reservoirs under their management.

4. The Central Steering Committee for Natural Disaster Prevention and Control shall decide or propose the Prime Minister to decide to mobilize resources and measures to rescue dams and reservoirs, and give response while ensuring safety for dams and reservoirs and downstream areas of dams in accordance with the law on natural disaster prevention and control.

5. The National Committee on Response to Incidents and Natural Disasters and Search and Rescue shall direct and organize response to dam failure incidents in case the response falls beyond the capacity of a locality.

Article 29. Databases on dams and reservoirs

1. Owners of hydropower dams or reservoirs, and exploiters of irrigation dams or reservoirs shall develop databases on dams and reservoirs.

2. A database on dams and reservoirs shall be updated regularly and continuously in the course of its management and exploitation.

3. For a dam or reservoir without a database yet, such database shall be developed within 3 years from the effective date of this Decree.

4. Provincial-level Departments of Agriculture and Rural Development shall develop databases on irrigation dams and reservoirs in their localities, and provide updated information to the Ministry of Agriculture and Rural Development’s database on irrigation dams and reservoirs.

5. Provincial-level Departments of Industry and Trade shall develop databases on hydropower dams and reservoirs in their localities, and provide updated information to the Ministry of Industry and Trade’s database on hydropower dams and reservoirs.

Article 30. Funds for safety management of dams and reservoirs

1. Identification of development investment expenses and regular expenses to be covered by the state budget for safety management of irrigation dams and reservoirs

a/ Regular expenses include expenses for management and operation of dams and reservoirs; funds for filing prescribed in Article 9; and expenses for formulation and modification of reservoir operation processes prescribed in Clause 3, Article 11; monitoring of dams and reservoirs prescribed in Article 14; special-use hydrometeorological monitoring prescribed in Article 15; safety examination and evaluation of dams and reservoirs prescribed in Articles 16 and 17; dam safety inspection prescribed in Article 18; maintenance of dams and reservoirs and repair of operation monitoring systems and devices for communication and safety warnings for dams and their downstream areas, and operation of systems prescribed in Article 20; formulation and implementation of protection plans, plans on response to natural disasters, and plans on response to emergency circumstances prescribed in Articles 23 and 25; drawing of maps showing inundation and flood developments in downstream areas of dams prescribed in Articles 27 for dams and reservoirs under operation; rescue of dams and handling and remediation of small-scale incidents prescribed in Article 28; and development of databases on dams and reservoirs prescribed in Article 29, of this Decree;

b/ Development investment expenses include expenses for construction investment, repair and upgrading of dams and reservoirs; installation of monitoring devices for dams and reservoirs prescribed in Article 14; installation of special-use hydrometeorological monitoring devices prescribed in Article 15; installation, repair, upgrading and modernization of operation monitoring systems and devices for communication and safety warnings for dams and their downstream areas prescribed in Article 20; planting of boundary markers of the protection corridors of dams and reservoirs prescribed in Article 23; drawing of maps showing inundation and flood developments in downstream areas of dams prescribed in Article 27 for newly built or repaired or upgraded dams and reservoirs; and rescue of dams, and handling and remediation of incidents (except small-scale incidents) prescribed in Article 28, of this Decree. The management of investment funds must comply with the Law on Public Investment and current regulations.

2. Funds for activities related to safety management of irrigation dams and reservoirs must comply with current regulations on state budget decentralization, specifically as follows:

a/ Funds for safety management of dams and reservoirs to be covered by the central budget include development investment funds and non-business funds allocated from the central budget and other lawful funding sources;

b/ Funds for safety management of dams and reservoirs to be covered by local budgets include development investment funds and non-business funds allocated from local budgets and other lawful funding sources. For localities facing budget difficulties, the Prime Minister shall consider allocation of central budget funds in accordance with the Law on the State Budget and Law on Public Investment;

c/ The Ministry of Agriculture and Rural Development shall formulate plans on investment funds and estimates of non-business funds to ensure safety of particularly important irrigation dams and reservoirs; irrigation dams and reservoirs the protection and exploitation of which involve 2 or more provinces, and irrigation dams and reservoirs eligible for central budget support, with funding items complying with this Decree, and summarize and send them to the Ministry of Planning and Investment and Ministry of Finance in accordance with the Law on the State Budget and Law on Public Investment.

3. For hydropower dams and reservoirs and irrigation dams and reservoirs built by organizations and individuals, their owners shall ensure funds for activities related to safety management of dams and reservoirs.

4. Funds for drawing maps showing inundation and flood developments in downstream areas of dams affected by inundation or flood of more than one dam in 2 or more provinces shall be allocated from the central budget to the Ministry of Agriculture and Rural Development.

Article 31. Responsibilities of ministries and ministerial-level agencies

1. Responsibilities of the Ministry of Agriculture and Rural Development:

a/ To promulgate according to its competence or submit to competent state agencies for promulgation, and organize the implementation of plans, policies and legal documents on the management of irrigation dam and reservoir safety;

b/ To elaborate national standards, promulgate national technical regulations and techno-economic norms on the management of irrigation dam and reservoir safety;

c/ To comply with the regulations on the management of dam and reservoir safety; direct and guide localities in implementing the regulations on the management of dam and irrigation reservoir safety;

d/ To organize the declaration for registration of dam and reservoir safety; archive dossiers of dams and reservoirs; formulate, approve and implement reservoir operation processes; install equipment for observing dams and reservoirs; install special-use hydrometeorological monitoring equipment; examine and assess dam and reservoir safety; inspect dam and reservoir safety; maintain and formulate the process of work maintenance; install the operation monitoring system and equipment for communication and safety warning for dams and downstream areas; plant boundary markers of dam and reservoir protection corridors; make and organize the implementation of plans on protection of dams and reservoirs, natural disaster response plans, and plans on response to emergency circumstances; develop dam and reservoir databases for particularly important irrigation dams and reservoirs, and irrigation dams and reservoirs the exploitation and protection of which involve 2 or more provinces;

dd/ To make statistics, develop and manage irrigation dam and reservoir databases;

e/ To organize scientific research and apply advanced technologies to the management of irrigation dam and reservoir safety; consolidate specialized units in charge of managing irrigation dam and reservoir safety; provide professional training for persons engaged in the management of irrigation dam and reservoir safety;

g/ To organize information, communications and education to raise the public awareness about the irrigation dam and reservoir safety;

h/ To inspect, examine and handle violations in, and settle complaints and denunciations about the management of irrigation dam and reservoir safety;

i/ To guide the inspection of irrigation dam and reservoir safety;

k/ To incorporate a plan on estimation of funds for ensuring irrigation dam and reservoir safety under their management in its annual budget revenue and expenditure estimates, and send them to the Ministry of Finance and Ministry of Planning and Investment;

l/ To assume the prime responsibility for summarization of, and propose the provision of central budget supports to localities to ensure the irrigation dam and reservoir safety, and submit it to the Prime Minister for decision.

2. The Ministry of Industry and Trade shall perform the state management of hydropower dam and reservoir safety, including:

b/ To make surveys of and develop a database on hydropower dams and reservoirs;

c/ To organize information, communications and education to raise the public awareness about hydropower dam and reservoir safety;

d/ To inspect, examine and handle violations in, and settle complaints and denunciations about, the management of hydropower dam and reservoir safety;

dd/ To perform other responsibilities for state management of hydropower dam and reservoir safety.

3. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and related agencies in, balancing and allocating funds for 5-year and annual public investment for consolidating strategic irrigation dams and reservoirs and those requiring immediate attention, and for performing the task of dam and reservoir safety management in accordance with the Law on Public Investment, Law on the State Budget and relevant laws.

4. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development in, balancing and allocating annual non-business budget funds for performing the management of dam and reservoir safety under the central spending task; budget funds for rescue, respond to and remediate incidents of irrigation dams and reservoirs, and funds for the implementation of other regulations on the management of irrigation dam and reservoir safety in accordance with the Law on the State Budget and relevant laws.

5. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Agriculture and Rural Development and Ministry of Industry and Trade in performing the state management of dam and reservoir safety.

Article 32. Responsibilities of provincial-level People’s Committees

1. To guide, disseminate, and organize the implementation of, legal documents on the management of dam and reservoir safety in their localities.

2. To take responsibility for the safety of dams and reservoirs in their localities.

3. To organize inspection, examination and handling of administrative violations in the management of dam and reservoir safety in their localities.

4. To assign and decentralize responsibilities of specialized management agencies and authorities at all levels for performing the state management of dam and reservoir safety under local management.

5. To allocate annual funds from local budgets for the management of dam and reservoir safety under local management under this Decree and relevant laws.

6. To consolidate units in charge of dam and reservoir safety management, provide professional training for persons engaged in the dam and reservoir safety management in their localities.

7. To perform other responsibilities for state management of dam and reservoir safety under their management.

Article 33. Transitional provisions

1. For reservoir operation processes

a/ Reservoir operation processes approved before the effective date of this Decree will continue to be implemented until they are reapproved;

b/ Draft reservoir operation processes submitted to competent agencies for approval before the effective date of this Decree will continue to be appraised and promulgated under the Prime Minister’s Decision No. 285/2006/QD-TTg of December 25, 2006, prescribing the competence for promulgation and organization of the implementation of reservoir operation processes.

2. Dam and reservoir boundary markers of adjacent protection areas that are planted and reservoir protection corridors that are marked off before the effective date of this Decree will be kept unchanged and handed over to commune-level People’s Committees where dams and reservoirs are built for management.

3. For plans on flood prevention and control for assurance of dam safety in the 2018 flood season

a/ Plans on flood prevention and control for assurance of dam safety in the 2018 flood season that are approved before the effective date of this Decree will continue to be implemented through 2018;

b/ Draft plans on flood prevention and control for assurance of dam safety in the 2018 flood season that are submitted to competent agencies for approval before the effective date of this Decree will be appraised, promulgated and implemented through 2018 under the Government’s Decree No. 72/2007/ND-CP of May 7, 2007, on the management of dam safety.

Article 34. Effect

1. This Decree takes effect on the date of its signing.

2. The Government’s Decree No. 72/2007/ND-CP of May 7, 2007, on the management of dam safety, ceases to be effective from the effective date of this Decree.

3. To annul Clauses 1, 2, 3, 4, and 11, Article 4 of the Government’s Decree No. 67/2018/ND-CP of May 14, 2018, detailing a number of articles of the Law on Hydraulic Work. The classification of dams and reservoirs must comply with Article 3 of this Decree.

4. To annul the Prime Minister’s Decision No. 285/2006/QD-TTg of December 25, 2006, prescribing the competence for promulgation and organization of implementation of hydropower reservoir processes.

Article 35. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.

^{^[1]} Công Báo Nos 905-906 (11/9/2018)

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