Directive 04/CT-BCT on state management and compliance with regulations of law on hydroelectricity

THE MINISTRY OF INDUSTRY AND TRADE

Directive No. 04/CT-BCT dated April 07, 2017 dated Ministry of Industry and Trade on enhancing state management and compliance with regulations of law on hydroelectricity

Pursuant to the Government’s Resolution No. 11/NQ-CP dated February 18, 2014 on implementation of the Resolution No. 62/2013/QH13 dated November 27, 2013 by the 13^thNational Assembly on enhancement of management of planning, construction and operation of hydroelectric works; the Resolution No. 33/2016/QH14 dated November 23, 2016 by the 14^thNational Assembly on interpellation and answers at the 2^ndsession and the Express No. 391/CD-TTg dated March 16, 2017 by the Prime Minister on enhancement of management of planning, construction and operation of hydroelectric works in Central Highlands provinces. In order to create positive changes in state management and implementation of legal regulations of relevant authorities on planning, construction and operation of hydroelectric projects and works, ensure the safe and environmental-friendly electricity generation and achieve efficiency of general operation, the Minister of Industry and Trade hereby requests:

1. The General Directorate of Energy (GDE)

a) To take charge and cooperate with People’s Committees of provinces/central-affiliated cities (hereinafter referred to as “provincial People’s Committees”) in reviewing hydroelectric planning, stopping ineffective hydroelectric projects and works that are not safe and harmful to the water flow, environment and people s life, especially in the Central - Central Highlands regions.

b) To take charge of reviewing and request amendments to legislative documents on planning, construction, quality control of construction works, operation of hydroelectric works under management of the Ministry of Industry and Trade (MOIT) to leaders of the Ministry for approval.

c) To direct hydroelectric reservoir owners to comply with regulations on operation of reservoirs and management of dam safety; review procedures for single operation of reservoirs for revision in accordance with their characteristics, current socio-economic development and lowlands conditions, ensure efficiency of electricity generation and water supply for lowlands in the dry season and prevent/reduce flood in the rainy season.

d) To take charge and cooperate with the Industrial Safety Techniques and Environment Agency (ISTEA) and the office of the Ministry of Construction in developing contents and disseminating the role and functions of hydroelectricity; contents of procedures for operating reservoirs; response to and actions against flood.

dd) To actively cooperate with law enforcement authorities affiliated to the Ministry of Natural Resources and Environment (MONRE) or hydroelectric reservoir owners to review procedures for operating inter-reservoirs and report results thereof to leaders of the Ministry.

g) To intensify quality control of hydroelectric works; instruct, inspect and foster local law enforcement authorities to manage quality control of works and appraise the approval for procedures for operating reservoirs.

2. The Department of Science and Technology (DST)

a) To take charge and cooperate with the GDE, the ISTEA and relevant ministries and industries in developing and completing the system of technical standards or regulations on hydroelectric works.

b) To cooperate with relevant authorities affiliated to the MONRE in developing standards or regulations on hydro-meteorological monitoring serving operation of reservoirs.

3. The Industrial Safety Techniques and Environment Agency

a) To actively cooperate with law enforcement authorities affiliated to the Ministry of Agriculture and Rural Development (MARD) or the Central Steering Committee for Natural Disaster Prevention and Control (CSCNDPC) to review legislative documents on management of dam safety and report results thereof to leaders of the Ministry.

b) To take charge and cooperate with relevant authorities in developing and completing legislative documents on management of dam safety within competence of the MOIT.

c) To take charge and cooperate with the GDE, the Electricity Regulatory Authority (ERA) and law enforcement authorities affiliated to the MARD or the MONRE in providing guidelines for directing the operation of reservoirs and management of dam safety.

d) To carry out inspections and strictly take actions against violations of regulations on management of dam safety within its competence.

dd) To instruct, inspect and foster dam owners to develop plans for flood preparedness to ensure dam safety, dam protection and flood preparedness for lowlands of dams in compliance with characteristics of works and submit them to competent authorities for approval.

4. The Electricity Regulatory Authority

a) To inspect and foster hydroelectric dam owners to plant alternative forests in accordance with regulations of law and direction of the Government or the Prime Minister.

b) To inspect the maintenance of requirements for granting electricity operation licenses to investors of hydroelectric works; take strict actions against investors that fail to plant alternative forests, pay forest environmental service charges or comply with regulations of law on management and operation of hydroelectric reservoir and dam safety.

c) To supervise and inspect the implementation of minimum water flow and regulation of water supply in lowlands of hydroelectric reservoirs; direct the EVN, the National Load Dispatch Centre and electricity-generating authorities to make plans for operating or mobilizing hydroelectric power plants satisfying requirements for water supply in lowlands and electricity supply safety.

d) To develop mechanisms and policies for hydroelectric reservoirs to prevent/reduce flood for lowlands effectively.

5. Provincial Departments of Industry and Trade (DOITs)

a) To enhance state management of planning and quality of works and operation of hydroelectric reservoirs within their competence and assign qualified personnel to settle relevant issues; closely cooperate with specialized authorities in their provinces, experts or qualified consulting firms in making and inspecting planning, projects or designs of works, procedures for operating reservoirs and conducting inspections of commissioning of hydroelectric projects.

b) To disseminate and provide guidelines for hydroelectric dam owners to comply with regulations on operation of reservoirs and management of hydroelectric dam safety.

c) To carry out inspections and strictly take actions or request competent authorities to take actions against violations of regulations on operation of reservoirs and management of dam safety.

d) To actively advise or request provincial People’s Committees and law enforcement authorities to:

- Comply with regulations of law on reservoir operation and management of hydroelectric dam safety within their competence.

- Assign qualified officials to carry out state management of hydroelectricity in provincial DOITs.

- Direct relevant provincial specialized authorities to consider planning, projects or designs of works, procedures for operating reservoirs and conduct inspections of commissioning of hydroelectric projects.

dd) Direct and foster hydroelectric dam owners to strictly comply with the provision of Section 6 herein within their power.

6. Hydroelectric dam owners

a) To comply with regulations of law on reservoir operation and management of hydroelectric dam safety, in particular:

- Operate reservoirs in conformity with single or inter-reservoir procedures approved by competent authorities, review or request competent authorities to revise such procedures in compliance with characteristics of works, related regulations of law and conditions of each reservoir.   

- Install equipment, monitor and consolidate information about hydrometeorology of reservoir basins to prepare for the operation of reservoirs to ensure safety for works and lowlands and effective electricity generation.

- Develop or revise plans for flood preparedness to ensure dam safety, dam protection and flood preparedness for lowlands of dams and submit them to competent authorities for approval, organize drills and implement the approved plans.

b) To actively cooperate closely with local law enforcement authorities and relevant reservoir owners in operation of reservoirs, especially flood discharging operation.

c) To actively cooperate with local authorities in reviewing flood drainage corridors so as to take measures to ensure safety for people and minimize damage to property in lowlands.

d) To actively conduct research and apply scientific and technological advances to the hydro-meteorological monitoring and forecast to prepare for operation of reservoirs in a safe and efficient manner.

dd) To plant alternative forests in accordance with regulations of law and direction of competent authorities.

7. Implementationorganization

a) Authorities shall implement and report implementation results according to the implementation program attached hereto.

b) The GDE shall cooperate with relevant authorities in drawing up drafts of reports of the MOIT upon request of the Prime Minister mentioned in the Express No. 391/CD-TTg to submit them to the Minister before June 23, 2017.

c) The ISTEA shall be the focal point to cooperate with relevant authorities affiliated to the MOIT in instructing, inspecting and fostering the implementation of this Directive.

The Minister

Tran Tuan Anh

IMPLEMENTATION PROGRAM

(Issued with to the Directive No. 04/CT-BCT dated April 07, 2017 by the Minister of Industry and Trade)