THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, April 15, 2020
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
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.
Click download to see the full text
 Công Báo Nos 563-564 (27/4/2020)