Decree No. 48/2020/ND-CP amending the Decree No. 38/2016/ND-CP

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ATTRIBUTE

Decree No. 48/2020/ND-CP dated April 15, 2020 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology
Issuing body: GovernmentEffective date:
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Official number:48/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:15/04/2020Effect status:
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Fields:Natural Resources - Environment

SUMMARY

From June 01, more works subject to hydro-meteorological observation

On April 15, 2020, the Government issues the Decree No. 48/2020/ND-CP on amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology.

Accordingly, from the effective date of this Decree, there are many works subject to hydro-meteorological observation under Clause 3, Article 13 of the Law on Hydro-meteorology, specifically:

Firstly, highways in areas with severe weather phenomena determined according to disaster risk zoning announced by the Ministry of Natural Resources and Environment’s Vietnam Meteorological and Hydrological Administration and updated once every 3 years.

Secondly, general inland waterway ports of category I or higher category. In which, general inland waterway ports of category I or higher category to be observed in terms of visibility, water level, and wind direction and speed, at a frequency of 4 times a day according to Hanoi time at 01:00, 07:00, 13:00 and 19:00.

Thirdly, works of particular nature, including islands belonging to the Spratly archipelago, rigs of economic-technical service clusters (DK1), and military aerodromes serving national defense and security purposes.

Besides, the Government also changes the time to provide hydro-meteorological observation information and data for civil aerodromes on the direction and speed of wind, including gusts, visibility, weather phenomena, cloud, temperature, dew point temperature, and barometric pressure, and additional observation data once every 30 minutes (if available), continuously for 24 hours at aerodromes operating around the clock.

This Decree takes effect on June 01, 2020.

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Effect status: Known

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 48/2020/ND-CP

 

Hanoi, April 15, 2020

 

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology[1]

 

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 amending and supplementing a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology.

 

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology

1. To amend and supplement Article 3 as follows:

“Article 3. Works subject to hydro-meteorological observation

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

a/ Civil aerodromes;

b/ Dams, reservoirs of special importance, large size or medium size according to the Government’s regulations on safety management of dams and reservoirs, and reservoirs regulated by the inter-reservoir operation process in river basins (below referred to as dams and reservoirs);

c/ Harbors of seaports of categories I and II according to the list of Vietnamese seaports and harbors of Vietnamese seaports announced by the Ministry of Transport.

In case a seaport has multiple harbors, the director of the concerned Maritime Administration shall assume the prime responsibility for consulting the state management agency in charge of natural resources and environment and the hydro-meteorology agency in the locality of the seaport to select or designate one harbor or a number of harbors representative in terms of natural hydro-meteorological conditions in the seaport area to organize observation and provide hydro-meteorological information and data according to this Decree. The remaining harbors may exploit and share such observation information and are obliged to contribute funds according to the average rate for the observation and provision of hydro-meteorological information and data according to this Decree.

For harbors of military ports, observation and provision of hydro-meteorological information and data shall be carried out according to the regulations of the Ministry of National Defense;

d/ Bridges with a navigational clearance of 500 meters or more;

dd/ Television and radio broadcasting towers where sightseeing tours and commercial services are organized;

e/ Cable cars serving sightseeing and tourism activities;

g/ National parks;

h/ Highways in areas with severe weather phenomena determined according to disaster risk zoning announced by the Ministry of Natural Resources and Environment’s Vietnam Meteorological and Hydrological Administration and updated once every 3 years;

i/ General inland waterway ports of category I or higher category;

k/ Works of particular nature, including islands belonging to the Spratly archipelago, rigs of economic-technical service clusters (DK1), and military aerodromes serving national defense and security purposes.

2. Owners of dams or reservoirs, organizations directly managing national parks and works of particular nature serving national defense and security purposes, owners of or organizations or individuals operating aerodromes, harbors, bridges, radio and television broadcasting towers, cable cars, highways or inland waterway ports specified in Clause 1, Article 1 of this Decree shall ensure funding for the observation and provision of hydro-meteorological information and data according to this Decree.

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[1] Công Báo Nos 563-564 (27/4/2020)

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