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

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.

3. After 3 years from the effective date of this Decree, in case of necessity, the Ministry of Natural Resources and Environment shall review, and propose the Government to decide on the adjustment and addition of, types of works subject to observation and provision of hydro-meteorological information and data in accordance with this Decree.”.

2. To amend and supplement Article 4 as follows:

“Article 4. Content, regime and locations of hydro-meteorological observation

1. Owners of, organizations directly managing, investors of or organizations or individuals operating the works specified in Clause 1, Article 1 of this Decree shall decide on the content, regime and technology of hydro-meteorological observation according to the requirements of exploitation and use of their works, but shall ensure the minimum requirements for each type of work as follows:

a/ Civil aerodromes to be observed according to the regulations of the Ministry of Transport.

b/ For dams and reservoirs:

Dams and reservoirs of special importance, large size or medium size to be observed according to the Government’s regulations on safety management of dams and reservoirs.

Dams and reservoirs regulated by the inter-reservoir operation process to be observed according to the inter-reservoir operation process;

c/ Harbors to be observed in terms of wind direction and speed on harbors, sea level, waves in the waters in front of harbors, and seaward visibility, at a frequency of 4 times a day according to Hanoi time at 01:00, 07:00, 13:00 and 19:00;

d/ Bridges to be observed in terms of wind direction and speed at the middle or one end of the bridge, at a frequency of 4 times a day according to Hanoi time at 01:00, 07:00, 13:00 and 19:00;

dd/ Television and radio broadcasting towers where sightseeing tours and commercial services are organized , to be observed in terms of wind direction and speed at the position two-thirds of the height of the tower, measured from its base, at a frequency of 3 times a day according to Hanoi time at 07:00, 13:00 and 19:00;

e/ Cable cars to serve sightseeing and tourism activities, to be observed in terms of  wind direction and speed at the highest point of the cable line, at a frequency of every hour during operation;

g/ National parks to be observed in terms of rainfall, temperature, air humidity, 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; observation stations shall be located to ensure a distance not exceeding 15 kilometers from any point of the park to the nearest station;

h/ Highways to be observed according to the national technical standards on traffic monitoring and control systems for highways, with hydro-meteorological information and data provided in accordance with this Decree.

For a highway already installed with a weather information system according to the national technical standards on traffic monitoring and control systems for highways, the owner or the organization or individual operating the highway may use the existing weather information system to organize observation and provide hydro-meteorological information and data in accordance with this Decree;

i/ 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;

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, to be observed according to the regulations of the Ministry of National Defense.

2. Based on the characteristics and nature of works, observation technical requirements and information and data use demand, owners of, organizations directly managing, or investors of or organizations or individuals operating, the works specified in Clause 1, Article 1 of this Decree shall decide on appropriate locations for installation of hydro-meteorological works or measurement facilities.

3. The Ministry of Natural Resources and Environment shall provide technical regulations for selecting areas representative in terms of natural conditions, content, methods and density of specialized hydro-meteorological observation in Vietnamese seaport areas and the works specified at Points b, c, d, dd, e, g and i, Clause 1, Article 1 of this Decree.”.

3. To amend and supplement Article 5 as follows:

“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 shall be carried out as follows:

1. The Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment is the agency organizing the provision of hydro-meteorological observation information and data of stations within the national network of hydro-meteorological stations about the national system of hydro-meteorological forecast and warning and national hydro-meteorological database.

2. Owners of, organizations directly managing, investors or organizations or individuals operating, the works specified in Clause 1, Article 1 of this Decree shall provide hydro-meteorological observation information and data as follows:

a/ For civil aerodromes, to provide hydro-meteorological observation information and data 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, or from 05:00 of a day to 18:00 of the next day according to Hanoi time at aerodromes not operating around the clock;

b/ For dams and reservoirs:

Within 30 minutes from the end of the observation, to provide all hydro-meteorological observation information and data to the Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment, and to provincial-level natural resources and environment management agencies of the localities where dams or reservoirs are located or of downstream localities of dams.

For dams and reservoirs regulated by the inter-reservoir operation process, to comply with the inter-reservoir operation process;

c/ For 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, to provide observation information and data according to the regulations of the Ministry of National Defense;

d/ For other works, within 30 minutes after completing the observation, to provide all hydro-meteorological observation information and data to the Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment and to provincial-level natural resources and environment management agencies of the localities where the works are located.

3. Owners of specialized hydro-meteorological stations other than those prescribed in Clause 1 of this Article shall, before March 31 every year, provide all hydro-meteorological observation information and data of the previous year to the Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment and to provincial-level natural resources and environment management agencies of the localities where the works are located.

4. The provision of hydro-meteorological observation information and data must comply with the Ministry of Natural Resources and Environment’s regulations on data standards and by one or more of the following modes:

a/ Documents and information carriers;

b/ Specialized media;

c/ Internet;

d/ Public information networks;

dd/ Direct communication by phone;

e/ Other modes as agreed upon by the information and data provider and recipient.

5. Owners of, organizations directly managing, investors or organizations or individuals operating, the works prescribed in Clause 1, Article 1 of this Decree, and owners of other hydro-meteorological stations shall coordinate and reach agreement with the Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment and provincial-level natural resources and environment management agencies of the localities where the works are located to timely and continuously provide hydro-meteorological observation information and data.

6. The Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment and provincial-level natural resources and environment management agencies shall provide and publicize on their websites information on addresses, modes, frequency, portals or other means of communication to receive information and data from owners of, organizations directly managing, investors or organizations or individuals operating, the works prescribed in Clause 1, Article 1 of this Decree and owners of other specialized hydro-meteorological stations.”

4. To amend Clause 5, Article 7 as follows:

“5. Agencies, organizations and individuals shall base themselves on their own needs, purposes and practical conditions to decide on technical corridors of specialized hydro-meteorological works under their respective management.”

5. To amend Clause 1, Article 8 as follows:

“1. To protect technical corridors of hydro-meteorological works within the national network of hydro-meteorological stations

a/ Formulating and approving plans on planting boundary markers and publicizing boundary markers of technical corridors of hydro-meteorological works

The formulation and approval of plans on planting boundary markers and publicizing boundary markers of technical corridors of hydro-meteorological works must comply with 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.

Funds for the formulation, approval and implementation of plans on planting boundary markers and publicizing boundary markers of technical corridors of hydro-meteorological works shall be annually estimated by agencies managing these works and allocated from the state budget in accordance with law;

b/ Within the scope of technical corridors of hydro-meteorological works, it is prohibited to perform the acts specified in Clause 3, Article 15 of the Law on Hydro-meteorology; particularly for surface meteorological observation gardens and weather radar towers, the following requirements shall be complied with:

Within the range of between 50 meters and 100 meters measured from the fence of a surface meteorological observation garden to all directions, it is permitted to plant trees or build works provided that the height of such a tree or work must ensure that an angle formed by the line from the nearest point at the foot of the fence to the highest point of the tree or work and the garden surface does not exceed 10^o(ten degrees).

Within the technical corridor of a weather radar tower, it is permitted to plant trees or works not taller or higher than the tower. “

6. To amend and supplement Clauses 2 and 3, Article 9 as follows:

“2. Having physical and technical foundations at least meeting the hydro-meteorological forecast and warning requirements, including equipment and systems for computing, receiving and processing hydro-meteorological information and data; information and data serving forecast and warning activities; forecast and warning technical processes that ensure reliability of forecast products; and process of quality management and assessment of forecasts and warnings.

3. Having at least 1 (one) staff who possesses a university or higher degree in hydro-meteorology with at least 3 (three) years of experience in hydro-meteorological forecasting and warning activities.”

7. To amend and supplement Article 13 as follows:

“Article 13. Contents of hydro-meteorological forecast and warning licenses

Hydro-meteorological forecast and warning licenses shall be made according to Form No. 05 in the Appendix to this Decree.”

8. To amend Point d, Clause 1, and amend and supplement Point c, Clause 2, Article 15 as follows:

“1. Dossier of application for a forecast and warning license, for organizations:

d/ A declaration of physical and technical foundations; information and data serving forecast and warning activities; hydro-meteorological forecast and warning technical processes; process of quality management and assessment of forecasts and warnings, made according to Form No. 06 in the Appendix to this Decree.

2. Dossier of application for a forecast and warning license, for individuals:

c/ A declaration of physical and technical foundations; information and data serving forecast and warning activities; hydro-meteorological forecast and warning technical processes; process of quality management and assessment of forecasts and warnings, made according to Form No. 06 in the Appendix to this Decree;”

9. To amend and supplement Article 24 as follows:

“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 databases.

2. The public non-business hydro-meteorology organization under the Ministry of Natural Resources and Environment.

3. Agencies, organizations and individuals that are owners of specialized hydro-meteorological stations.

4. Other agencies, organizations and individuals that own hydro-meteorological information and data having undergone quality inspection and assessment by functional agencies or organizations in accordance with law.”

10. To amend and supplement Point b, Clause 2, Article 30 as follows:

“b/ Within 1 working day, the national hydro-meteorological database management agency shall receive and check the sheet or document, notify the charge rate and the time for information and data provision, in case a charge is required.

In case of refusing to provide information and data, it shall issue a written reply clearly stating the reason;”

11. To amend and supplement Article 34 as follows:

“Article 34. Order, procedures and regime of exchanging hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals

1. Agencies, organizations and individuals wishing to exchange hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals shall submit directly or send by post 1 dossier of request for permission for the exchange to the Ministry of Natural Resources and Environment, which must state:

a/ Name and address enclosed with a certified copy or a copy enclosed with the original (for comparison) of the paper proving the legal person status, for agencies and organizations, or the personal identification, for individuals, wishing to exchange hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals in accordance with the civil law;

b/ Purpose of exchanging information and data with international organizations and foreign organizations and individuals;

c/ Types and quantity of specific information and data to be exchanged with international organizations and foreign organizations and individuals;

d/ Names and addresses of international organizations and foreign organizations and individuals that will exchange information and data;

dd/ Time for information and data exchange;

e/ Form of information and data exchange;

g/ Duration of information and data exchange.

2. Within 15 working days, the Ministry of Natural Resources and Environment shall consider the request and issue a written permission for information and data exchange according to Form No. 07 in the Appendix to this Decree.

In case of refusal to issue such permission, the Ministry of Natural Resources and Environment shall issue a written reply stating the reason.

3. Within 10 days after terminating the exchange of hydro-meteorological and climate change monitoring information and data with international organizations and foreign organizations and individuals, agencies, organizations or individuals shall send a report on information and data exchange to the Ministry of Natural Resources and Environment; in case the time for information and data exchange is longer than 1 year, before January 15 every year, they shall send a report on information and data exchange of the previous year.

The report shall be made according to Form No. 08 in the Appendix to this Decree.

4. The exchange of hydro-meteorological information and data classified as state secrets must comply with the law on protection of state secrets.”

Article 2.Transitional provisions

1. To replace the phrase “Department of Meteorology, Hydrology and Climate Change” used in the Government’s Decree No. 38/2016/ND-CP of May 15, 2016, detailing a number of articles of the Law on Hydro-meteorology, with the phrase “Vietnam Meteorological and Hydrological Administration under the Ministry of Natural Resources and Environment.

2. The time limit for observation and provision of hydro-meteorological information and data by owners of the works defined in Clause 1, Article 1 of this Decree which are currently operated and used without hydro-meteorological observation is specified as follows:

a/ One year, for medium-sized dams and reservoirs with floodgates, or 2 years, for medium-sized dams and reservoirs with free spillways, from the date this Decree takes effect;

b/ Two years from the date this Decree takes effect, for harbors; bridges with a navigational clearance of 500 meters or more and not passing coastal estuaries, straits, bays or internal waters islands; highways; general inland waterway ports of category I or higher category; 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.

3. Within 6 months from the date this Decree takes effect, ministries, ministerial-level agencies and provincial-level People’s Committees shall review and draw up a list of works subject to hydro-meteorological observation as specified in Clause 1, Article 1 of this Decree under their management, and works’ owners; regularly urge and inspect, and before December 15 every year update and supplement the list of works and owners for sending to the Ministry of Natural Resources and Environment.

4. This Decree takes effect on June 1, 2020.

Article 3.Implementation provisions

1. The Minister of Natural Resources and Environment shall organize the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC