Ordinance No. 38-L/CTN dated December 10, 1994 of the on utilization and protection of hydro-meteorological works

ORDINANCE

ON UTILIZATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS

In order to strengthen the State management, and enhance the responsibility of State agencies, economic and social organizations, units of the People's Armed Forces and all individuals, in the utilization and protection of hydro-meteorological works with a view to serving basic survey, scientific research and hydro-meteorological forecast, contributing to preventing and combating natural calamities, promoting socio-economic development, serving national defense and security, and protecting the air and water environment;

Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

This Ordinance provides for the utilization and protection of the hydro-meteorological works.

Chapter I

GENERAL PROVISIONS

Article 1.- The hydro-meteorological works are technical-material installations used in observing and gathering hydro-meteorological elements and phenomena and factors in the air and water environment.

The hydro-meteorological works include: the hydro-meteorological stations and posts, the hydro-meteorological documents, the specialized facilities, machinery and equipment and houses directly engaged in hydro-meteorological operations, the specialized land plots, the protection system, the technical safety corridor and the other support works.

The hydro-meteorological works are classified in two categories: the basic hydro-meteorological works, and the specialized hydro-meteorological works.

Article 2.- In this Ordinance, the below-listed technical terms are to be understood as follows:

1. "The basic hydro-meteorological work" is a project built with State investment for basic surveys on hydro-meteorology, and managed and utilized by the State on a stable and long-term basis in service of social needs.

2. "The specialized hydro-meteorological work" is a project built and utilized in service of the specialized and professional activities of the hydro-meteorological service.

3. "The hydro-meteorological post" is a project which is directly engaged in observing hydro-meteorological elements and environmental factors of the air and water on the surface, under water, in rivers at sea and in the air.

4. "The hydro-meteorological station" is a project which is directly engaged in observing hydro-meteorological elements and environmental factors of the air and water; assessing data collected by different hydro-meteorological posts; producing hydro-meteorological and weather forecasts and supplying regional hydro-meteorological information.

5. "The corridor for technical safety" is the necessary air space and areas of land, water surface and under water to ensure that the protect operate according to its technical norms and the hydro-meteorological data it gathers be precise, objectively reflecting the natural conditions of the region and meeting international standards.

6. "The hydro-meteorological document" is the data and samples gathered by hydro-meteorological projects and processed and stored in various forms.

Article 3.- The State shall have policies to invest in and ensure that the basic hydro-meteorological works be utilized on a stable and long-term basis and step by step modernized to meet the national and international requirements.

Article 4.- The State shall adopt policies to promote and protect the legitimate rights and interests of domestic and foreign organizations and individuals in their cooperation and investment in scientific research and application of technical and technological advances to the utilization and protection of the hydro-meteorological works.

The State shall implement the international agreements and conventions on hydro-meteorology, which the Socialist Republic of Vietnam has acceded to.

Article 5.- The repair, maintenance and upgrading of the hydro-meteorological works shall comply with their schemes, plans and eco-technical blueprints and be approved by the competent State authority.

With regard to the specialized hydro-meteorological works, apart from complying with the provision of Paragraph I of this Article, they shall be subject to technical evaluation by the General Department of Hydro-Meteorology.

The owner of the hydro-meteorological work is responsible for the management, utilization and protection of his/her work.

Article 6.- The State agencies, economic and social organizations, units of the People's Armed Forces and all individuals are responsible for observing the legal provisions on utilization and protection of the hydro-meteorological works; and for detecting and denouncing acts of violation of legal provisions on utilization and protection of the hydro-meteorological works.

Article 7.- The People's Councils at all levels shall, within their tasks and powers, be responsible for supervising the implementation of the law on utilization and protection of the hydro-meteorological works.

The State shall create conditions for the Vietnam Fatherland Front and its member organizations, within their tasks and powers, to encourage and educate the population to take part in the protection of the hydro-meteorological works and the supervision of the implementation of the law on utilization and protection of the hydro-meteorological works.

Article 8.- All acts of infringement on and damage to hydro-meteorological works are strictly prohibited.

Chapter II

UTILIZATION HYDRO-METEOROLOGICAL WORKS

Article 9.- The utilization of the hydro-meteorological works includes:

1. To observe and gather hydro-meteorological elements and phenomena, and the factors of the air and water environment;

2. To receive and disseminate observation results of hydro-meteorological phenomena and factors of the water and air environment; to process information for hydro-meteorological and weather forecasts.

3. To store documents on hydro-meteorology and supply documents requested by users.

Article 10.- All activities within the corridor of technical safety of hydro-meteorological projects must not affect their normal operation and the objectivity of the natural conditions in their areas of location.

The Government shall make provisions for the corridor of technical safety for each category of hydro-meteorological projects.

Article 11.- The hydro-meteorological works can only be moved only in case of necessity. The competence to this effect is defined as follows:

1. The Prime Minister shall decide on the moving of hydro-meteorological works of special category and those connected to international dissemination network.

The Government shall adopt a list of the basic hydro-meteorological works of special category to be proposed by the General Director of the General Department of Hydro-Meteorology;

2. The General Director of the General Department of Hydro-Meteorology shall decide on the moving of the other basic hydro-meteorological works;

3. The investor in the construction of a specialized hydro-meteorological work can decide on the moving of his/her work but he/she must notify the General Department of Hydro-Metrology.

The moving of the hydro-meteorological works stipulated in Items 1 and 2 of this Article must ensure the consistency and continuity of the hydro-meteorological data.

Article 12.- Before their utilization, the hydro-meteorological data must be assessed according to professional technical standards for hydro-meteorological documents and endorsed by the competent management authority.

Article 13.- The Government shall provide for the levels and time lengths of confidentiality for the hydro-meteorological documents. Depending on the confidentiality levels and time lengths of the documents, the General Director of the General Department of Hydro-Meteorology shall submit to the Prime Minister for approval the regulations on utilization and provision of hydro-meteorological documents.

Article 14.- The users of hydro-meteorological documents shall pay a fee in accordance with the provisions of law.

The Government shall provide for the user's fees for each document category.

Hydro-meteorological services shall be conducted in accordance with the legal provisions for contracts.

Article 15.- The utilization of hydro-meteorological documents shall be exempted from fee payment when it is done for the following purposes:

1. For announcement over State mass media in service of social needs;

2. To serve national defense and security needs;

3. For exchange of information with foreign countries and international organizations in implementation of the international agreements that the Socialist Republic of Vietnam has signed or acceded to.

Chapter III

PROTECTION OF HYDRO-METEOROLOGICAL WORKS

Article 16.- The protection of hydro-meteorological works includes:

1. The measures aimed at preventing all acts of harm against hydro-meteorological works; and at preventing, diverting and relieving harms due to natural calamity, fire and other risks;

2. The planning of networks of hydro-meteorological works; the documenting and mapping of land areas for hydro-meteorological works;

3. The implementation of the norms for maintenance, refurbishing and repair to help the works operate according to technical standards and on a safe, steady and long-term basis;

4. The implementation of the provisions for secrecy and storage of the hydro-meteorological documents.

Article 17.-

1. The organizations and individuals that utilize a hydro-meteorological work are responsible for its protection.

2. The People's Committee at the locality where there is a hydro-meteorological work is responsible for coordinating in its protection.

In the event the work is harmed by an act of violation or by an incident, the organizations and individuals that utilize it are responsible for reporting the happening to the local People's Committee for measures to protect it and overcome the consequences.

Article 18.- All citizens, who discover that a hydro-meteorological work is harmed or threatened to be harmed, are responsible for reporting the discovery immediately to the organizations and individuals that utilize it, or the nearest local authority or State agency for timely control measures.

Article 19.- The following acts are banned:

1. To do harm to the hydro-meteorological work;

2. To encroach upon the land within the premises of the work; to violate regulations on the technical safety corridor of the work;

3. To hinder the utilization of the work;

4. To provide or use hydro-meteorological data and documents in violation of the State regulation on State secrets and other legal provisions.

Article 20.- Documents of the basic hydro-meteorological works are stored in the State archives.

The General Department of Hydro-Meteorology shall, in coordination with the State Archives, set the regime for storage and protection of the documents on hydro-meteorology stipulated in Paragraph I of this Article.

Documents of the specialized hydro-meteorological works are to be stored and protected by their managing organizations and individuals in accordance with the provisions of law.

Chapter IV

STATE MANAGEMENT OF THE UTILIZATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS

Article 21.- The Government exercises unified management of the utilization and protection of the hydro-meteorological works throughout the country.

The General Department of Hydro-Meteorology performs the function of State management of the utilization and protection of the hydro-meteorological works.

The Ministries, the Agencies at ministerial level and the Agencies attached the Government shall, within their powers, be responsible for coordinating with the General Department of Hydro-Meteorology to perform the function of State management of the utilization and protection of the hydro-meteorological works.

The People's Committees at all levels shall perform the function of State management of the utilization and protection of the hydro-meteorological works in their localities under the guidance of the General Director of the General Department of Hydro-Meteorology.

Article 22.- The content of the State management of the utilization and protection of the hydro-meteorological works includes:

1. To issue legal documents, procedures, regulations and technical standards for the utilization and protection of hydro-meteorological works and to evaluate the quality of hydro-meteorological works; to guide and supervise the implementation of these documents;

2. To carry out expertise of the hydro-meteorology technical standards of the technical-economic blue-prints for construction, transformation, expansion and upgrading of the hydro-meteorological works;

3. To organize the registration of hydro-meteorological works; to issue and withdraw operating licenses of hydro-meteorological works;

4. To conduct scientific research and apply technical and technological advances to the utilization and protection of hydro-meteorological works; to train and foster personnel in the utilization and protection of the hydro-meteorological works;

5. To control and inspect the utilization and protection of the hydro-meteorological works; to settle disputes and, within their jurisdiction, handle acts of violation of regulations on the utilization and protection of the hydro-meteorological works;

6. To educate and encourage the population to implement the provisions on the utilization and protection of the hydro-meteorological works;

7. To conduct international cooperation in the field of hydro-meteorology.

Article 23.- The organizations which have specialized hydro-meteorological works must register them with the General Department of Hydro-Meteorology.

The General Director of the General Department of Hydro-Meteorology shall set the regulations and provide guidance for the registration of the hydro-meteorological works, and issue and withdraw operating licenses of these works.

The utilization and protection of the specialized hydro-meteorological works in service of national defense and security shall be defined by the Prime Minister.

Article 24.- The settlement of disputes over the utilization and protection of the hydro-meteorological works are defined as follows:

1. Disputes related to the land areas which house the basic hydro-meteorological works shall be settled in accordance with the provisions of the Land Law and other related legal provisions;

2. Disputes related to the utilization and protection of the hydro-meteorological works shall be handled by the General Director of the General Department of Hydro-Meteorology. In the event of a settlement failure, the General Director of the General Department of Hydro-Meteorology shall submit the case to the Prime Minister for decision;

3. Disputes over the implementation of contracts on hydro-meteorological services shall be handled by the People's Court.

Article 25.- Inspection of the utilization and protection of the hydro-meteorological works is specialized inspection.

The General Department of Hydro-Meteorological shall perform specialized inspection of the utilization and protection of the hydro-meteorological works.

Article 26.- The content of inspection of the utilization and protection of the hydro-meteorological works includes:

1. Inspection of the implementation of the legal provisions on the utilization and protection of the hydro-meteorological works;

2. Inspection of the quality of hydro-meteorological documents supplied by organizations and individuals that own hydro-meteorological works;

3. Inspection of the implementation of the procedures, regulations and technical standards of hydro-meteorology.

Article 27.- In the course of inspection, the Inspection Team or Inspector has the right:

1. To request the concerned organizations and individuals to produce documents and answers to matters necessary for the inspection;

2. To conduct measures of technical inspection on the spot;

3. To handle within their jurisdiction, or to recommend to the competent State authority to handle acts of violation;

4. In the event of an emergency, to suspend temporarily the activities which threaten to damage hydro-meteorological works, and take responsibility before law for that suspension decision and, at the same time, report the incident immediately to the competent State authority for solution.

Article 28.- All organizations and individuals have the right to lodge complaints to the General Director of the General Department of Hydro-Meteorology about the conclusion and handling measures taken by the Inspection Team or Inspector at their units.

All organizations and individuals have the right to complain or denounce to the General Department of Hydro-Meteorology or another competent State authority about acts of violation of the laws on utilization and protection of the hydro-meteorological works.

The offices which receive complaints and denunciations have to consider and handle them in accordance with the provisions of law on citizen complaints and denunciations, and related legal provisions.

Chapter V

REWARDS AND SANCTIONS AGAINST VIOLATION

Article 29.- All organizations and individuals with meritorious deeds in the utilization and protection of hydro-meteorological works, and in preventing acts of infringement and damage to them, shall be rewarded in accordance with the common provisions of the State.

Those who combat acts of violation of laws on the utilization and protection of the hydro-meteorological works and who suffer losses in property, health or life, shall be compensated in accordance with the provisions of law.

Article 30.- Anyone, who damages hydro-meteorological works, encroaches upon the land of hydro-meteorological works or commits any other act of violation of the law on the utilization and protection of the hydro-meteorological works, shall, depending on the character, extent and consequence of the violation, be subject to administrative sanction or investigated for penal liability.

Article 31.- Anyone, who is assigned the tasks of managing, utilizing and protecting hydro-meteorological works but who, due to the lack of responsibility, causes damage to the works and/or losses of hydro-meteorological documents; or who abuses his/her position and power to cover those who have committed acts of violation of law, and to take decisions against law or technical provisions on utilization and protection of the hydro-meteorological works, shall, depending on the character, extent and consequence of the violation, be subject to administrative sanction or investigated for penal liability.

Article 32.- Anyone, who commits acts of violation of law and causes damage to organizations which own hydro-meteorological works, shall, apart from being charged in accordance with the provisions of Articles 30 and 31 of this Ordinance, have to pay compensations for the damage in accordance with the provisions of law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 33.- The organizations, which own specialized hydro-meteorological works already registered prior to the effective date of this Ordinance, shall re-register their works in accordance with the provisions of Article 23 of this Ordinance.

Article 34.- This Ordinance takes effect from the date of issuance.

All previous provisions which are contrary to this Ordinance shall be annulled.

Article 35.- The Government shall make detailed provisions for the implementation of this Ordinance.