Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology

THE GOVERNMENT

Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology

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

Pursuant to the November 23, 2015 Law on Hydro-meteorology;

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

The Government promulgates the Decree detailing a number of articles of the Law on Hydro-meteorology.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details Clause 6, Article 13, Article 15, Article 25, Article 32, and Clause 3, Article 48, of the Law on Hydro-meteorology, covering:

1. Hydro-meteorological observation by owners of works and provision of hydro-meteorological observation information and data.

2. Technical corridors of hydro-meteorological works.

3. Hydro-meteorological forecast and warning by organizations and individuals outside the national hydro-meteorological forecast and warning system.

4. Exploitation and use of hydro-meteorological information and data.

5. Exchange of hydro-meteorological and climate change supervision information and data with international organizations and foreign organizations and individuals not regulated by a treaty to which the Socialist Republic of Vietnam is a contracting party.

Article 2.Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals; foreign organizations and individuals; and international organizations engaged in hydro-meteorological activities in the territory of the Socialist Republic of Vietnam.

Chapter II

SPECIFIC PROVISIONS

Section 1

HYDRO-METEOROLOGICAL OBSERVATION BY OWNERS
OF WORKS AND PROVISION OF HYDRO-METEOROLOGICAL OBSERVATION INFORMATION AND DATA

Article 3.Works subject to hydro-meteorological observation

1. Works subject to observation prescribed in Clause 3, Article 13 of the Law on Hydro-meteorology include:

a/ Airports;

b/ Irrigation reservoirs with flood control valve gates and hydropower reservoirs with an aggregate capacity of three million cubic meters (3,000,000 m³) or more; and reservoirs regulated by an operation process of river basin inter-reservoirs;

c/ Class-I and class-II seaports;

d/ Bridges over coastal estuaries, straits or bays, or to or between islands in the internal waters, with a clearance of 500 meters or more;

dd/ Radio or television wave transmission-reception towers concurrently providing sightseeing and catering services;

e/ Suspension cables serving sightseeing and tourist activities;

g/ National parks.

2. The Ministry of Natural Resources and Environment shall review once every three years types of works subject to observation and provision of hydro-meteorological information and data as prescribed in this Decree and submit adjustments and supplements to the Government for decision.

Article 4.Contents and positions of hydro-meteorological observation

1. Owners of works specified in Clause 1, Article 3 of this Decree may decide on contents of hydro-meteorological observation depending on their works’ operation and use demands but shall comply with the following minimum requirements on each type of work:

a/ For airports:

Observations at a civil airport must comply with regulations of the Ministry of Transport;

Observations at a military airport must comply with regulations of the Ministry of National Defense.

b/ For reservoirs:

For irrigation reservoirs with flood control valve gates, rainfall observations at the main dam and water level observations in the upstream and downstream areas of the main dam; calculation of reservoir inflow and outflow, estimation of possible rise of the reservoir water level according to the reservoir inflow, must be 4 times per day at 1:00h, 7:00h, 13:00h and 19:00h by Hanoi time during flood season or 2 times per day at 7:00h and 19:00h during dry season. In case of operation to control flood, observations and calculations must be at least once per hour.

For hydropower reservoirs, rainfall observations at the main dam and water level observations in the upstream and downstream areas of the main dam; calculation of reservoir inflow and outflow, turbine discharge, estimation of possible rise of the reservoir water level according to the reservoir inflow, must be 4 times per day at 1:00h, 7:00h, 13:00h and 19:00h by Hanoi time during flood season or 2 times per day at 7:00h and 19:00h during dry season. In case of operation to control flood, observations and calculations must be at least once per hour.

For a reservoir regulated by an inter-reservoir operation process, observations must comply with the requirements of this process;

c/ For seaports, observations of wind direction and speed over the port land, observations of sea water and wave levels in the port waters must be 4 times per day at 1:00h, 7:00h, 13:00h and 19:00h by Hanoi time;

d/ For bridges over coastal river estuaries, straits or bays or to or between islands in the internal waters, observations of wind direction and speed must be 4 times per day at 1:00h, 7:00h, 13:00h and 19:00h by Hanoi time;

dd/ For radio or television wave transmission-reception towers concurrently providing sightseeing and catering services, observations of wind direction and speed at two-thirds of the height of the tower measured from its base must be 3 times per day at 7:00h, 13:00h and 19:00h by Hanoi time;

e/ For suspension cables serving sightseeing and tourist activities, observations of wind direction and speed at the highest point of the cable line must be once every hour during the operation time;

g/ For national parks, observations of waterfall, temperature, air humidity, and wind direction and speed must be 4 times per day at 1:00h, 7:00h, 13:00h and 19:00h by Hanoi time.

2. Based on the characteristics and nature of a work prescribed in Clause 1, Article 3 of this Decree, technical requirements of observation and demand for hydro-meteorological information and data, its owner shall decide on an appropriate position for installation of a hydro-meteorological work or measuring device.

Article 5.Provision of hydro-meteorological observation information and data

The provision of hydro-meteorological observation information and data prescribed in Clause 5, Article 13 of the Law on Hydro-meteorology is prescribed as follows:

1. The Ministry of Natural Resources and Environment shall organize the provision of hydro-meteorological observation information and data of stations within the national network of hydro-meteorological stations for the national hydro-meteorological forecast and warning system and the national hydro-meteorological database.

2. Owners of works prescribed in Clause 1, Article 3 of this Decree shall organize the provision of hydro-meteorological information and data for the national hydro-meteorological forecast and warning system as follows:

a/ For airports:

For civil airports: To provide all hydro-meteorological observation information and data from observation activities to the central hydro-meteorological forecast and warning agency. The time of provision of information and data is Hanoi time:

At 1:15h: information and data collected from 19:01h of the previous day to 1:00h;

At 7:15h: information and data collected from 1:01h to 7:00h;

At 13:15h: information and data collected from 7:01h to 13:00h;

At 19:15h: information and data collected from 13:01h to 19:00h;

For military airports: To provide hydro-meteorological information and data under regulations of the Ministry of National Defense.

b/ For reservoirs:

Within 30 minutes from the time of ending an observation prescribed at Point b, Clause 1, Article 4 of this Decree, for an irrigation reservoir with flood control valve gates or a hydropower reservoir with a total capacity of one hundred million cubic meters (100,000,000 m³) or more, all hydro-meteorological observation information and data shall be provided to the central- and provincial-level hydro-meteorological forecast and warning agencies and the provincial-level state management agency in charge of natural resources and environment of the locality where its main dam is located;  for an irrigation reservoir with flood control valve gates or a hydropower reservoir with a total capacity of between three million cubic meters (3,000,000 m³) and under one hundred million cubic meters (100,000,000 m³), all hydro-meteorological observation information and data shall be provided to the local hydro-meteorological forecast and warning agency and the provincial-level state management agency in charge of natural resources and environment of the locality where the main dam is located.

A reservoir regulated by an inter-reservoir operation process must comply with the requirements of this process;

c/ For other works, within 30 minutes after completing an observation, all hydro-meteorological observation information and data shall be provided to local hydro-meteorological forecast and warning agencies and provincial-level state management agencies in charge of natural resources and environment.

3. Owners of special-use hydro-meteorological works other than those prescribed in Clause 1, Article 3 of this Decree shall annually provide all hydro-meteorological observation information and data collected in the year to the national hydro-meteorological database in accordance with this Decree.

4. The provision of hydro-meteorological observation information and data shall be effected through:

a/ Documents and information carriers;

b/ Special-use communication media;

c/ Internet;

d/ Public communication network;

dd/ Directly via telephone.

5. Owners of works prescribed in Clause 1, Article 3 of this Decree, and agencies, organizations and individuals managing other special-use hydro-meteorological stations shall coordinate and reach agreement with the national hydro-meteorological forecast and warning system and the agency managing the national hydro-meteorological database in order to provide hydro-meteorological observation information and data in a timely and continuous manner.

6. The national hydro-meteorological forecast and warning system and the agency managing the national hydro-meteorological database shall provide addresses, frequencies, e-portals or other media of communication to receive information and data from owners of works prescribed in Clause 1, Article 3 of this Decree and owners of other special-use hydro-meteorological works.

Section 2

TECHNICAL CORRIDORS OF HYDRO-METEOROLOGICAL WORKS

Article 6.Types of hydro-meteorological works

1. Surface hydrological observation garden.

2. Automatic hydrological observation tower (pole).

3. Upper-air hydrological observation garden.

4. Weather radar tower.

5. Satellite data transceiver tower.

6. River flow gauging work.

7. River, reservoir or sea level gauging work.

8. Rain gauging work.

9. Hydro-meteorological information transmission work,

10. Hydro-meteorological work serving other special-use purposes.

Article 7.Technical corridors of hydro-meteorological works

1. The technical corridor of a hydro-meteorological work in the national hydro-meteorological station network prescribed herein is the minimum area; when conditions permit, it may be expanded in order to increase the representativeness of the observed area.

2. The technical corridor of a hydro-meteorological work in the national hydro-meteorological station network is prescribed for each type of work as follows:

a/  Surface hydrological observation garden: 100 meters outward in all directions from the fence of the garden;

b/ Upper-air hydrological observation garden: 50 meters outward in all directions from the fence of the garden;

c/  Automatic hydrological observation tower (pole): 10 meters outward from the foot of the tower (pole);

d/ Weather radar tower: a distance equal to 20 times the height of the tower outward in all directions from the foot of the tower;

dd/ Satellite data transceiver tower: a distance equal to the height of the tower outward in all directions;

e/ River flow gauging work:

A river section of 500 meters long in both upstream and downstream directions of the route to be measured.

A distance of 10 meters outward in all directions of a work of boat-holding cable, bridge, circulation winch;

g/ River, reservoir or sea level gauging work:

A river section of 30 meters long in both upstream and downstream directions of the route to be measured.

A distance of 30 meters from the work to its frontal water area, for gauging reservoir or sea level.

A distance of 10 meters in both directions, for a water gauge.

h/ Rain gauging work: a distance of 10 meters outward in all directions from the foot of the work. For a rain gauge installed into an existing structure, clearance shall be ensured to obtain accurate measurements;

i/ Hydro-meteorological information transmission work: a distance equal to the height of the work outward in all directions from the foot of the work.

3. For an urban hydro-meteorological work, its technical corridor area prescribed in Clause 2 of this Article may be reduced by half at most to suit its practical conditions.

4. Permission of a competent state agency is required for a hydro-meteorological work that is higher than 50 meters or a work located in a military zone.

5. Pursuant to the provisions of Clauses 1, 2, 3 and 4 of this Article on technical corridors of hydro-meteorological works in the national hydro-meteorological station network, agencies, organizations or individuals shall determine technical corridors for special-use hydro-meteorological works under their management.

Article 8.Protection of technical corridors of hydro-meteorological works

1. Protection of technical corridors of hydro-meteorological works in the national hydro-meteorological station network

a/ To draw up and approve a plan on placement of boundary marks of technical corridors of hydro-meteorological works and publicly announce these boundary marks

The drawing up and approval of a plan on placement of boundary marks of technical corridors of hydro-meteorological works and public announcement of these boundary marks must comply with the provisions of Article 56 of the Government’s Decree No. 43/2014/ND-CP of May 15, 2014, detailing a number of articles of the Land Law;

b/ Within the technical corridor of a hydro-meteorological work, acts prescribed in Clause 3, Article 15 of the Law on Hydro-meteorology are prohibited; particularly for surface hydrological observation gardens and weather radar towers, the following detailed provisions shall additionally be complied with:

Within an area from 50 meters to 100 meters measured from the fence of a surface hydrological observation garden outward in all directions, trees may be planted or works may be constructed provided that the angle with one line linking the central point of the garden and the highest point of the tree or work and the other line being the garden’s surface must not exceed 10^o(ten degrees).

Within the technical corridor of a weather radar tower, trees may be planted or works may be constructed provided that they are not higher than the tower.

2. Protection of technical corridors of specialized hydro-meteorological works

An agency, organization or individual having a special-use hydro-meteorological work shall, pursuant to the provisions of Clause 1 of this Article and relevant laws, determine the boundary of the technical corridor of such work and protect such technical corridor.

Section 3

HYDRO-METEOROLOGICAL FORECAST AND WARNING BY ORGANIZATIONS AND INDIVIDUALS OUTSIDE THE NATIONAL HYDRO-METEOROLOGICAL FORECAST AND WARNING SYSTEM

Article 9.Conditions for an organization to carry out hydro-meteorological forecast and warning activities

1. Having the legal person status as prescribed by the civil law.

2. Possessing physical and technical foundations that satisfy the minimum requirements of hydro-meteorological forecast and warning, including equipment and systems to compute, receive and process hydro-meteorological information and data; stable sources of data supply; technical processes and forecasting tools to ensure scientificity, independence and objectivity of forecast products; and processes to control and assess the quality of forecast and warning.

3. Possessing at least three employees, of whom at least one possesses a university or higher degree in hydro-meteorology and has at least three years’ experience of carrying out hydro-meteorological forecast and warning activities.

Article 10.Conditions for an individual to carry out hydro-meteorological forecast and warning activities

1. Having physical and technical foundations as prescribed in Clause 2, Article 9 of this Decree.

2. Possessing a university or higher degree in hydro-meteorology and having at least three years’ experience of carrying out hydro-meteorological forecast and warning activities.

Article 11.Conditions for a foreign organization or individual to carry out hydro-meteorological forecast and warning activities in Vietnam

1. Satisfying the conditions prescribed in Article 9 or 10 of this Decree.

2. Being permitted to operate or reside lawfully in Vietnam.

3. Having employees who are fluent in Vietnamese or hiring a qualified interpreter.

Article 12.Principles of grant of a license to carry out hydro-meteorological forecast and warning activities

1. The grant of licenses to carry out hydro-meteorological forecast and warning activities must ensure proper competence prescribed in Clause 5, Article 25 of the Law on Hydro-meteorology.

For hydrological forecast and warning activities to ensure flight operations, the Minister of Transport shall grant licenses in accordance with the civil aviation law. Before December 31 annually, the Ministry of Transport shall review its licensing and activities of organizations and individuals licensed to carry out hydro-meteorological forecast and warning activities to ensure flight operations, and sent review reports to the Ministry of Natural Resources and Environment.

2. Complying with the order and procedures prescribed in this Decree.

3. No license is required for hydro-meteorological forecast and warning activities serving national defense, security, scientific research, learning and teaching which are neither publicized in the mass media nor used in hydro-meteorological services.

Article 13.Content of a license for hydro-meteorological forecast and warning activities

A license for hydro-meteorological forecast and warning activities, made according to Form No. 1 in the Appendix to this Decree, contains the following details:

1. Name and address of license holder.

2. Scope of forecast and warning activities.

3. Recipients of forecast and warning information.

4. Validity duration.

Article 14.Validity duration of a license for hydro-meteorological forecast and warning activities

1.  A license for hydro-meteorological forecast and warning activities is valid for 5 years at most.

2. A license for hydro-meteorological forecast and warning activities may be extended when its holder satisfies the conditions prescribed in this Decree and commits no violation in the license’s validity duration, with each extension not exceeding 5 years.

Article 15.Dossier of application for the grant, extension or modification and supplementation of a license for hydro-meteorological forecast and warning activities

1. A dossier of application for a license for hydro-meteorological forecast and warning activities for an organization must comprise:

a/ An application, made according to Form No. 2 in the Appendix to this Decree;

b/ A certified copy of the decision on the establishment of the organization or of the business activity certificate of the organization, or a copy enclosed with the original decision or certificate for comparison;

c/ Certified copies of the diplomas and certificates and labor contracts of employees or copies enclosed with the original diplomas and certificates for comparison;

d/ A statement of physical and technical foundations; data sources; technical processes for hydro-meteorological forecast and warning; and processes to control and assess the quality of forecast and warning;

dd/ Work experience statements of forecast and warning employees, certified by their former employers.

2. A dossier of application for a license for hydro-meteorological forecast and warning activities for an individual must comprise:

a/ An application, made according to Form No. 2 in the Appendix to this Decree;

b/ Certified copies of diplomas and certificates of training in majors relevant to forecast and warning activities to be licensed, or copies enclosed with the original diplomas and certificates for comparison;

c/ A statement of physical and technical foundations; data sources; technical processes for hydro-meteorological forecast and warning; and processes to control and assess the quality of forecast and warning;

d/ A work experience statement, certified by his/her former employer(s).

3. A dossier for modification and supplementation or extension of a license for an organization or individual must comprise:

a/ An application, made according to Form No. 2 in the Appendix to this Decree;

b/ A report on hydro-meteorological forecast and warning activities since the time of grant or modification and supplementation of the license, made according to Form No. 3 in the Appendix to this Decree;

c/ A certified copy of the granted license.

Article 16.Procedures for the grant, extension or modification and supplementation of a license for hydro-meteorological forecast and warning activities

1. Dossier-receiving agencies

a/ The Department of Meteorology, Hydrology and Climate Change shall receive dossiers for the grant, extension or modification and supplementation of licenses for hydro-meteorological forecast and warning activities within the competence of the Minister of Natural Resources and Environment;

b/ Provincial-level Departments of Natural Resources and Environment shall receive dossiers for the grant, extension or modification and supplementation of licenses for hydro-meteorological forecast and warning activities within the competence of chairpersons of provincial-level People’s Committees.

2. Procedures for the grant, extension or modification and supplementation of licenses by the Minister of Natural Resources and Environment:

An organization or individual shall directly submit or send by post one set of a dossier for the grant, extension or modification and supplementation of a license as prescribed in Article 15 of this Decree to the Department of Meteorology, Hydrology and Climate Change of the Ministry of Natural Resources and Environment, and receive a license within the corresponding time limit prescribed in Article 17 of this Decree.

3. Procedures for the grant, extension or modification and supplementation of licenses by chairpersons of provincial-level People’s Committees:

An organization or individual shall directly submit or send by post two sets of a dossier for the grant, extension or  modification and supplementation of a license as prescribed in Article 15 of this Decree to the provincial-level Department of Natural Resources and Environment, and receive a license within the corresponding time limit prescribed in Article 17 of this Decree.

4. An organization or individual that wishes to extend its/his/her license for hydro-meteorological forecast and warning activities shall submit a dossier for extension to the dossier-receiving agency prescribed in Clause 1 of this Article at least 30 days before its/his/her license expires.

Article 17.Order and time limit of grant, extension or modification and supplementation of a license for hydro-meteorological forecast and warning activities

1. Within 2 working days after receiving a dossier, the dossier-receiving agency shall examine the dossier and confirm whether the dossier is valid; if the dossier is invalid, it shall notify the applicant thereof for completing the dossier as prescribed.

2. Within 15 working days after receiving a complete and valid dossier as prescribed, the dossier-receiving agency shall examine the dossier and organize appraisal, verification, survey and assessment and make a conclusion, then propose the Minister of Natural Resources and Environment or provincial-level People’s Committee chairperson to grant, extend or modify and supplement a license for hydro-meteorological forecast and warning activities to a qualified applicant.

If an applicant is unqualified for the grant, extension or modification and supplementation of a license, the dossier-receiving agency shall issue a written reply stating the reason to the applicant.

Article 18.Re-grant of a license for hydro-meteorological forecast and warning activities

1. A license for hydro-meteorological forecast and warning activities may be re-granted in case it is lost; is torn or damaged thus being unusable; the name of its holder is changed as a result of acquisition, merger, splitting or restructuring leading to change of manager but not any other details of the license.

2. An organization or individual shall submit an application for the re-grant of a license for hydro-meteorological forecast and warning activities, made according to Form No. 2 in the Appendix to this Decree, to the dossier-receiving agency according to the procedures prescribed for the initial grant of a license.

3. The Ministry of Natural Resources and Environment or the provincial-level People’s Committee concerned shall organize consideration, appraisal and verification and re-grant a license for hydro-meteorological forecast and warning to a qualified applicant within 5 working days; if the applicant is unqualified, it shall issue a written reply stating the reason to such applicant.

Article 19.Revocation and return of a license for hydro-meteorological forecast and warning activities

1. A license for hydro-meteorological forecast and warning activities shall be revoked in the following cases:

a/ The contents declared for the grant of the license are forged;

b/ Its holder being an organization is dissolved or declared bankrupt by the court;

c/ Its holder being an individual dies, is missing or loses his/her civil act capacity;

d/ No hydro-meteorological forecast and warning activities are carried out for 12 consecutive months after the license is granted;

dd/ Its holder continues carrying out activities after a decision to invalidate the license is issued;

e/ It is granted ultra vires;

g/ It is transferred without permission;

h/ Its holder abuses the license to commit illegal acts.

2. The holder of a license for hydro-meteorological forecast and warning activities shall return the license when it/he/she does not organize these activities and makes a written notice of the reason for the return.

Article 20.Suspension of the validity of a license for hydro-meteorological forecast and warning activities

The validity of a license shall be suspended in the following cases:

1.  The contents of the license are breached.

2. The hydro-meteorological forecast and warning bulletin is regularly unreliable.

3. The obligations prescribed in Clause 2, Article 40 of the Law on Hydro-meteorology are not fulfilled.

Article 21.Invalidation of a license for hydro-meteorological forecast and warning activities

1. A license shall be invalidated in the following cases:

a/ It is revoked;

b/ It expires;

c/ It is returned.

2. Once a license is invalidated, all rights and obligations related to the license will also terminate.

Section 4

EXPLOITATION AND USE OF HYDRO-METEOROLOGICAL INFORMATION
AND DATA

Article 22.Principles of exploitation and use of hydro-meteorological information and data

1.  Hydro-meteorological information and data must be of clear origin and shall be certified by agencies, organizations or individuals that are competent to provide them and responsible for their origin.

2. Hydro-meteorological information and data used for designing works, programs, master plans and projects for socio-economic development shall be updated by the latest year.

3. Hydro-meteorological information and data shall be used for proper purposes.

4. Hydro-meteorological information and data that are exploited and used free of charge may not be used for profit-making purposes.

Article 23.Cases of free-of-charge exploitation and use of hydro-meteorological information and data

1. Exploitation and use of hydro-meteorological information and data prescribed at Points a, b and c, Clause 5, Article 32 of the Law on Hydro-meteorology. 

2. Exploitation and use of hydro-meteorological information and data for other proposes as requested by competent state agencies under Point d, Clause 5, Article 32 of the Law on Hydro-meteorology include:

a/ Serving activities of Party, National Assembly or Government agencies or central socio-political organizations;

b/ Serving investigation, adjudication and dispute resolution activities at the request of investigative and adjudicative bodies;

c/ Serving the formulation of socio-economic development strategies, master plans and plans of ministries, sectors and localities at the request of ministers, heads of ministerial-level agencies or provincial-level People’s Committee chairpersons.

Article 24.Competence to provide, and certify the origin of, hydro-meteorological information and data

Agencies, organizations and individuals competent to provide, and certify the origin of, hydro-meteorological information and data include:

1. Agencies managing hydro-meteorological information and data;

2. Public non-business organizations carrying out hydro-meteorological activities under the Ministry of Natural Resources and Environment.

3. Agencies, organizations and individuals that own special-use hydro-meteorological stations.

Article 25.Free-of-charge exploitation and use of hydro-meteorological information and data

Free-of-charge exploitation and use of hydro-meteorological information and data shall be carried out via the public communication system, including:

1. Telephone, fax.

2. Central and local radio and television systems.

3. Internet.

4. Vietnam’s coastal communication system.

5. Postal service in the public postal network and postal network serving Party and State agencies and national defense and security purposes.

Article 26.Charge-liable exploitation and use of hydro-meteorological information and data

1. Charge-liable exploitation and use of hydro-meteorological information and data between agencies and organizations prescribed in Clauses 1 and 2, Article 24 of this Decree and exploiting and using parties must comply with the Law on Hydro-meteorology and the law on charges and fees.

2. Forms of exploitation and use of information and data are prescribed below:

a/ An agency, organization or individual wishing to exploit and use information and data shall hand over a request sheet or send a written request to the agency or organization managing data prescribed in Clause 1 or 2, Article 24 of this Decree;

b/ When receiving a valid request sheet or written request, the agency or organization managing information and data shall provide hydro-meteorological information and data and collect a charge in accordance with law;

c/ The time limit for provision of information and data shall be agreed upon by the parties. In case of refusal to provide information and data, a written reply shall be issued, clearly stating the reason.

Article 27.Exploitation and use of hydro-meteorological information and data under agreement

Exploitation and use of information and data between agencies, organizations and individuals that have a need and those managing information and data not mentioned in Article 26 of this Decree may be carried out under an agreement between the information and data providing party and exploiting and using party in accordance with the civil law.

Article 28.Charges for exploitation and use of hydro-meteorological information and data and their management and use

1. The Ministry of Finance shall prescribe rates of charges for exploitation and use of hydro-meteorological information and data.

2. The management and use of charges for exploitation and use of hydro-meteorological information and data must comply with the law on charges and fees.

Article 29.Responsibility to appraise, verify and assess the origin of hydro-meteorological information and data

1. Agencies, organizations, individuals and owners of programs, master plans, plans and projects for socio-economic development that use hydro-meteorological information and data shall be responsible for the origin of such hydro-meteorological information and data.

2. Competent state agencies that use hydro-meteorological information and data  in the course of appraising, verifying and assessing programs, master plans, plans and projects for socio-economic development shall appraise and verify the origin and the use of such information and data according to the principles prescribed in Article 22 of this Decree.

Article 30.Exploitation and use of information and data from the national hydro-meteorological database

1. The exploitation and use of information and data from the national hydro-meteorological database must comply with Clause 1, Article 26, Article 27, Article 28 and Article 29, of this Decree.

2. Order and procedures for exploitation and use of information and data from the national hydro-meteorological database

a/ An agency, organization or individual that wishes to exploit and use hydro-meteorological information and data shall hand over a request sheet or written request, made according to Form No. 4 in the Appendix to this Decree, to the agency managing the national hydro-meteorological database.

A request sheet or written request for data may be directly handed over or sent via official dispatch, fax or post to the agency managing the national hydro-meteorological database.

A request for hydro-meteorological information and data may be sent via official dispatch, fax or post if the requester is a state agency.

b/ Within 1 working day, the agency managing the national hydro-meteorological database shall receive and check the request sheet or written request and notify the charge rate, if applicable.

If refusing to provide information and data, it shall issue a written reply clearly stating the reason;

c/ Within 1 working day after the requester pays the charge, the agency managing the national hydro-meteorological database shall fully and accurately provide information and data as requested.

3. The exploitation and use of data on a contractual basis between the agency managing the national hydro-meteorological database and an agency, organization or individual that needs to exploit and use information and data must comply with the civil law.

Section 5

EXCHANGE OF HYDRO-METEOROLOGICAL AND CLIMATE CHANGE MONITORING INFORMATION AND DATA WITH INTERNATIONAL ORGANIZATIONS AND FOREIGN ORGANIZATIONS AND INDIVIDUALS NOT REGULATED BY A TREATY TO WHICH THE SOCIALIST REPUBLIC OF VIETNAM IS A CONTRACTING PARTY

Article 31.Principles of exchange of hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals

1. The exchange of hydro-meteorological and climate change monitoring information and data must not be contrary to the law.

2. Hydro-meteorological and climate change monitoring information and data exchanged with international organizations and foreign organizations and individuals must be those prescribed in Article 32 of this Decree.

3. The parties exchanging hydro-meteorological and climate change monitoring information and data must have clear names and addresses and legal person status, for organizations, or personal identity papers, for individuals, as prescribed by the civil law.

4. The forms, order, procedures and reporting regime for the exchange of hydro-meteorological and climate change monitoring information and data exchanged with international organizations and foreign organizations and individuals must comply with this Decree.

Article 32.Types of hydro-meteorological and climate change monitoring information and data permitted for exchange with international organizations and foreign organizations and individuals

1.  Information and data on hydro-meteorology and results of climate change monitoring obtained from the national and special-use hydro-meteorological station networks.

2. Hydro-meteorological forecast news and warnings and notices of the hydro-meteorological situation.

3. Information and data on hydro-meteorological disasters and harmful consequences announced by the Central Steering Committee for Natural Disaster Prevention and Control.

4. Information about Vietnam’s climate; results of Vietnam’s national climate assessment.

5. Vietnam’s climate change scenarios.

6. Announced information and data about greenhouse gas emissions and socio-economic activities related to greenhouse gas emissions.

7. Information and data from observations of ozone, ozone layer protection and management of ozone depleting substances.

8. Results of scientific researches into hydro-meteorology and climate change.

9. Other information and data relating to hydro-meteorology as decided by the Minister of Natural Resources and Environment.

Article 33.Forms of exchange of hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals

1. Document, symbol.

2. Email or other electronic media of communication.

3. Files on information carriers.

Article 34.Order and procedures of request for permission to exchange hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals

An agency, organization or individual that wishes to exchange hydro-meteorological and climate change monitoring information and data with an international organization or a foreign organization or individual shall directly submit or send by post a set of dossier of request to the Ministry of Natural Resources and Environment for permission according to the following order and procedures:

1. A written request containing the following details:

a/ Name and address evidenced by certified copies or copies enclosed with the originals for comparison of papers proving the legal person status, for an agency or organization, or of the personal identity card, for an individual that wishes to exchange hydro-meteorological and climate change monitoring information and data with the international organization or foreign organization or individual in accordance with the civil law;

b/ Purpose of the exchange;

c/ Specific types and quantities of information and data to be exchanged;

d/ Name and address of the international organization or foreign organization or individual with which or whom information and data will be exchanged;

dd/ Time of exchange;

e/ Forms of exchange;

g/ Period of exchange.

2. Within 15 working days, the Ministry of Natural Resources and Environment shall examine the request of an agency, organization or individual and grant its approval in writing.

In case of disapproval, the Ministry of Natural Resources and Environment shall issue a written reply clearly stating the reason.

3. Within 10 days after completing the exchange of hydro-meteorological and climate change monitoring information and data with the international organization or foreign organization or individual, an agency, organization or individual shall send a report on the exchange with the contents prescribed in Clause 1 of this Article to the Ministry of Natural Resources and Environment.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 35.Provisional provisions

The protection of a technical corridor of a hydro-meteorological work existing before July 1, 2016, shall be carried out as follows:

1.  The work’s owner shall prepare a dossier of the boundary of the technical corridor of the work and publicly announce it in accordance with this Decree.

2. If a work has a technical corridor that fails to meet the requirements prescribed in this Decree, such technical corridor shall be re-demarcated to meet technical requirements of hydro-meteorological observation and to suit the practical situation and conditions.

3. Should the handling of infringements related to an important hydro-meteorological work of the national hydro-meteorological station network face many difficulties  and troubles, the Minister of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with the chairperson of the provincial-level People’s Committee of the locality where the technical corridor of such hydro-meteorological work is infringed upon in, handling and settling these infringements in accordance with law.

Article 36.Implementation provision

This Decree takes effect on July 1, 2016.

Article 37.Implementation responsibility

1. Within 6 months after this Decree takes effect, ministries, ministerial-level agencies and provincial-level People’s Committees shall draw up lists of works and owners of works that are obliged to organize hydro-meteorological observations as prescribed in Article 3 of this Decree under their respective management and annually update and supplement these lists and send them to the Ministry of Natural Resources and Environment.

2. Within 2 years after this Decree takes effect, owners of works prescribed in Article 3 of this Decree shall organize observations and provide hydro-meteorological information and data under regulations.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People’s Committees at all levels, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government

Prime Minister

NGUYEN XUAN PHUC