small hydro resource mapping in vietnam final report - …...small hydro gis database and guidelines...

Small Hydro Resource Mapping in Vietnam

Final Report - Annexes

MARCH 2017

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

Pub

lic D

iscl

osur

e A

utho

rized

This report was prepared by Gesto Energy Consulting, under contract to The World Bank.

This is the final output from the small hydro resource mapping component of Energy Resource Mapping and Geospatial Planning Vietnam [Project ID: P145513]. This activity is funded and supported by the Energy Sector Management Assistance Program (ESMAP), a multi-donor trust fund administered by The World Bank, under a global initiative on Renewable Energy Resource Mapping. Further details on the initiative can be obtained from the ESMAP website. The Final Report summarizes the development of the Small Hydro GIS Database and Guidelines to review and Planning of Small Hydro and includes national maps of Small Hydropower in Vietnam. This is a final output and it has been validated through field-based surveys and peer-reviewed. It will be published via The World Bank s main website and listed on the ESMAP website along with the other project outputs - please refer to the corresponding country page.

Copyright © 2017 THE WORLD BANK Washington DC 20433 Telephone: +1-202-473-1000 Internet: www.worldbank.org

The World Bank, comprising the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA), is the commissioning agent and copyright holder for this publication. However, this work is a product of the consultants listed, and not of World Bank staff. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent.

The World Bank does not guarantee the accuracy of the data included in this work and accept no responsibility for any consequence of their use. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries.

The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for non-commercial purposes as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: +1-202-522-2625; e-mail: [email protected]. Furthermore, the ESMAP Program Manager would appreciate receiving a copy of the publication that uses this publication for its source sent in care of the address above, or to [email protected].

http://www.gestoenergy.com/http://www.worldbank.org/http://www.esmap.org/re_mappinghttp://www.worldbank.org/

SMALL HYDROPOWER MAPPING AND PLANING IN VIETNAM

SMALL HYDRO GIS DATABASE AND GUIDELINES FOR REVIEW AND PLANNING ON SMALL HYDRO (DRAFT)

A-I.1 VN.2016.R.002.0

Annex I – Comments and recommendations on the Demo Version of the GIS database

ANNEX I – COMMENTS AND RECOMMENDATIONS ON THE DEMO VERSION OF THE

GIS DATABASE

Overall comments

Recommendation #1: Include summary data and report creation function;

Recommendation #2: Represent each project graphically by its size in terms of

capacity (e.g. “bubble” scale – smaller circles for small powers, larger for big

projects);

Recommendation #3: Improve search and advanced search functions.

Regarding web map layers, they appeared to be just non-editable basemaps (with

options for google layers in backdrop), and don’t include vector layers such as

administrative boundaries (provinces, districts), watersheds or main rivers. It is not clear

if the National Consultant designed spatial data layers in relationships with SHPs

attributes.

Recommendation #4: Include vector layers such as administrative boundaries,

watersheds and hydronetwork;

Recommendation #5: Include globally available data such as protected areas,

roads, railroads, DEM, meteo data, existing and planned grid, populated places,

etc. (information provided by the International Consultant on its Inception

Report).

The WebGIS functionality was limited with only clickable SHP icon for detailed

information (and virtually no interactive mapping functions). Search within a radius

(circle) or arbitrary polygon was not available. It is not clear if the National Consultant

designed GIS functions such as spatial search. The geometry attribute field of SHPs is

used to link with corresponding locations on web maps built on Openlayers & Geoserver.

The system has search engine for users to find needed information (mostly attributes)

of SHPs.

Recommendation #6: Improve spatial search.

The National Consultant adds data and functionality on “safe weir operation”, which is

not required in the original Terms of Reference (TOR).



A-I.2 VN.2016.R.002.0


Recommendation #7: Clearly identify operational needs for weirs safety

(operators’ requirements are different from planners) and then, organize GIS

database with separate functionality accordingly - not to mix with the main

objectives of the assignment under the TOR.

Some of the format requirements of the TOR in terms of data, maps and images (Annex

A of the TOR) don’t seem to be fulfilled, like for instance the coordinate system

(currently VN2000 is used but WGS84 for data sharing & transfer among RE GIS

databases is required). This might lead to future incompatibility issues and non-

compliances with other Renewable Energy GIS databases.

Recommendation #8: Consult Annex A of the TOR (and its updated version) and

satisfy every format requirement.

Specific comments on GIS:

Following are specific comments and recommendations on the GIS structure and

functionality.

In terms of map layers:

Like stated before, it would be preferable if map layers could allow spatial search

and reporting summarization:

Recommendation #9: Design and add additional data layers as vector layers with

object-ID and relationships.

Locations of SHPs with weirs, reservoirs (as data collection in some provinces is

still ongoing, some SHPs do not have coordinates yet):

Recommendation #10: Separate weirs and reservoirs as independent (but inter-

related) point layers from SHPs and add separate search functions for each of

layers (different meaning/searching purposes) – selectable for visualization on a

menu1;

Data on large hydro:

1 Like, for instance, menu “layers” in Mozambique Atlas (http://mapviewer.atlasrenovaveis.co.mz/index.php) developed by the International Consultant

http://mapviewer.atlasrenovaveis.co.mz/index.php



A-I.3 VN.2016.R.002.0


Recommendation #11: Add data as vector layer – selectable for visualization on a

menu2 visible on default and for searching within a certain cascade (may be an

additional field – like the cascade name – to be added to the related data tables).

Data on storage capacity:

Recommendation #12: Add polygon layer of large reservoirs if possible.

Provinces & districts:

Recommendation #13: Add them as vector layers – selectable for visualization on

a menu3 and for searching/reporting interactively on the web-map.

Main watersheds (14 readily available):

Recommendation #14: Add them as vector layers – selectable for visualization on

a menu and add layer of sub-watershed boundaries if possible.

Data on hydroelectric potential:

Recommendation #15: Add vector layer of main rivers with estimated

hydroelectric potential in MW – selectable for visualization on a menu4 and add

river tributaries where SHPs are located if possible.

In terms of GIS functionality:

Map visualization on WebGIS is static:

Recommendation #16: Organize map layers as selectable on a menu5 for better

interactive visualization.

Manage better interaction between visualization linking maps and attribute

tables:

Recommendation #17: Build relationships between vector layers with

corresponding tables and add more map control tools on WebGIS;

Printable web maps:

2 Like, for instance, menu “layers” in Mozambique Atlas (http://mapviewer.atlasrenovaveis.co.mz/index.php) developed by the International Consultant

3 See previous footnote



http://mapviewer.atlasrenovaveis.co.mz/index.php



A-I.4 VN.2016.R.002.0


Recommendation #18: Design output maps of SHP locations and queried or

summarized maps with printout templates and export to PDF or PNG.

Reporting:

Recommendation #19: Add chart generation in combination with maps in query

or report making6;

Interactive selection on maps (on mouse click or right mouse):

Recommendation #20: Add spatial search by circle with radius or arbitrary

polygon. Search by rivers or cascades. Search by watersheds or by provinces.

Exporting map dataset:

Recommendation #21: Add exporting function to shapefile and/or to Excel.

In terms of map maintaining and updating, which is an issue that doesn’t seem to have

been addressed:

Recommendation #22: Add editing functions on maps – e.g., add a point by

coordinates or interactively by mouse and/or modify location of a spatial object.

In terms of integration with other RE GIS database systems – to be further discussed and

agreed with MOIT and ESMAP/WB.

Specific comments on System Interface & Functions:

Following are specific comments and recommendations on system interface and

functionality.

In terms of menu hierarchy and based on various information requirements by policy

makers, planners, operators and the public, the system menu should be developed

accordingly. One option would be to organize in hierarchy at different levels.

Recommendation #23: Organize menu hierarchy at macro level for policy and

decision makers using pre-defined reports of SHP by various grouping and

statistical summary by selected time periods including tables, maps and charts.

Recommendation #24: Organize menu hierarchy for planners & researchers using

pre-defined reports (as in macro level) and summary reports by various planning

6 Like suggested in the International Consultant’s Inception Report



A-I.5 VN.2016.R.002.0


criteria (using advanced queries and filtering), project comparisons and data

extraction.

Recommendation #25: Organize menu hierarchy for operators and safety

managers and project coordinators, by maintaining operational data and

producing current operational reports – interactive warning and searching for

operational data (e.g., reservoirs and weirs safety and water level)

Recommendation #26: Organize menu hierarchy for the general public using a

simple search like in the current version.

Recommendation #27: Add advanced search option to include filtering by

watershed/sub-watershed, by cascades, by storage capacity, by time period, by

type of grid connection (on or off-grid) or by other criteria.



A-II.1 VN.2016.R.002.0

Annex II – National maps of small hydropower

ANNEX II – NATIONAL MAPS OF SMALL HYDROPOWER

National maps obtained based on the GIS database developed by the National Consultant are presented

next. In order to beneficiate the projects visualization, the territory was divided in four regions: North,

North-Center, South-Center and South and maps were obtained according to those regions (Figure A 1)

From Figure A 2 to Figure A 21 projects included into the software are presented by region, first all

projects and then projects aggregated by status.



A-II.2 VN.2016.R.002.0


Figure A 1 – Definition of the four regions.



A-II.3 VN.2016.R.002.0


Figure A 2 – North: hydropower projects identified in Vietnam.



A-II.4 VN.2016.R.002.0


Figure A 3– North-Center: hydropower projects identified in Vietnam.



A-II.5 VN.2016.R.002.0


Figure A 4 – South-Center: hydropower projects identified in Vietnam.



A-II.6 VN.2016.R.002.0


Figure A 5– South: hydropower projects identified in Vietnam.



A-II.7 VN.2016.R.002.0


Figure A 6 – Working projects located in the North region of Vietnam.



A-II.8 VN.2016.R.002.0


Figure A 7 – Working projects located in the North-Center region of Vietnam.



A-II.9 VN.2016.R.002.0


Figure A 8 – Working projects located in the South-Center region of Vietnam.



A-II.10 VN.2016.R.002.0


Figure A 9 – Working projects located in the South region of Vietnam.



A-II.11 VN.2016.R.002.0


Figure A 10 – Under construction projects located in the North region of Vietnam.



A-II.12 VN.2016.R.002.0


Figure A 11 – Under construction projects located in the North-Center region of Vietnam.



A-II.13 VN.2016.R.002.0


Figure A 12 – Under construction projects located in the South-Center region of Vietnam.



A-II.14 VN.2016.R.002.0


Figure A 13 – Under construction projects located in the South region of Vietnam.



A-II.15 VN.2016.R.002.0


Figure A 14 – Projects located in the North region of Vietnam in FS preparing.



A-II.16 VN.2016.R.002.0


Figure A 15 – Projects located in the North-Center region of Vietnam in FS preparing.



A-II.17 VN.2016.R.002.0


Figure A 16 – Projects located in the South-Center region of Vietnam in FS preparing.



A-II.18 VN.2016.R.002.0


Figure A 17 – Projects located in the South region of Vietnam in FS preparing.



A-II.19 VN.2016.R.002.0


Figure A 18 – Projects located in the North region of Vietnam in planning (without developer).



A-II.20 VN.2016.R.002.0


Figure A 19 – Projects located in the North-Center region of Vietnam in planning (without developer).



A-II.21 VN.2016.R.002.0


Figure A 20 – Projects located in the South-Center region of Vietnam in planning (without developer).



A-II.22 VN.2016.R.002.0


Figure A 21 – Projects located in the South region of Vietnam in planning (without developer).

MINISTRY OF INDUSTRY

AND TRADE

--------

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom – Happiness

---------------- No.: 43/2012/TT-BCT Ha Noi, December 27, 2012

CIRCULAR

REGULATION ON MANAGEMENT OF PLANNING, INVESTMENT AND

CONSTRUCTION OF HYDROPOWER PROJECT AND OPERATION OF

HYDROPOWER WORKS

Pursuant to the Electricity Law No. 28/2004/QH11 dated December 3, 2004;

Pursuant to the Construction Law No. 16/2003/QH11 dated November 26, 2003;

Pursuant to Law on Investment No. 59/2005/QH11 dated November 29, 2005;

Pursuant to the Law on amending and supplementing a number of articles of the Laws

relating to investment in capital construction No.38/2009/QH12 dated June 19, 2009 of the

National Assembly;

Pursuant to Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government

defining the functions, tasks, powers and organizational structure of the Ministry of

Industry and Trade;

Under the leadership of Prime Minister in document No. 888/TTg-KTN dated May 31, 2010

on the strengthening of the management of hydropower projects;

At the proposal of the General Director of the Department of Energy;

The Minister of Industry and Trade issues Circular regulating the management of planning,

investment and construction of hydropower project and operation of hydropower works

Chapter I

GENERAL PROVISION

Article 1. Scope of adjustment and subject of application

1. This Circular provides for a number of contents on management of hydropower planning

and investment in hydropower project construction and operation of hydropower works on

the territory of Vietnam.

2. This Circular applies to organizations and individuals involved in activities related to

hydropower planning, investment in hydropower project construction and operation of

hydropower works on the territory of Vietnam.

Article 2. Explanation of terms

1. Cascade hydropower planning: is the planning to determine the hydropower projects

which can be invested in construction with the installed capacity greater than 30 MW on a

river or system of rivers of a river basin.

2. Small hydropower planning: is the planning to determine the hydropower projects which

can be invested in construction with the installed capacity up to 30 MW on the rivers and

streams of the river basin.

3. Pumped-storage hydropower planning: is the planning to determine locations to build

Pumped-storage hydropower plant to supply peak power output of sub-loading diagram of

the national power system

4. Multi-purpose hydropower project is the hydropower projects which, in addition to the

main task of power generation, also regulates and adds flow on the dry season and / or

reduces flood in service of socio-economic development of the lowlands.

Chapter II

MANAGEMENT OF HYDROPOWER PLANNING

Article 3. Hydropower planning

1. Hydropower planning includes cascade hydropower planning, pumped-storage

hydropower planning and small hydropower planning.

2. Cascade hydropower planning is formulated uniformly for each river basin not divided

by administrative boundaries. For river basins with the cascade hydropower planning

approved on the main river stream, the cascade hydropower planning is permitted but must

be consistent with the cascade hydropower planning on the main river stream

3. Pumped-storage hydropower planning is formulated nationwide or in each area and

region of the national power system.

4. Small hydropower planning is formulated in the areas of centrally-affiliated provinces

and cities (hereafter referred to as province).

Article 4. Principle of hydropower planning

1. Ensuring the compliance with current regulations of law on construction, water

resources, environmental protection, forestry protection and development and relevant

regulations.

2. Ensuring the compliance with the planning of socio-economic development, water

resource planning, irrigation sector planning, electricity development and other relevant

strategies and planning approved by the competent authorities.

3. Small hydropower planning must ensure the consistency with the cascade hydropower

planning and the pumped-storage hydropower planning approved; the pumped-storage

hydropower planning must be consistent with the cascade hydropower planning approved.

Article 5. Formulation of hydropower planning

1. Hydropower planning is formulated once and can be adjusted and added to be consistent

with the situation of social –economic development of each period.

2. Hydropower planning must be formulated by the functional and qualified consultation

agency in accordance with regulations of law.

3. Authority of organization of formulation of hydropower planning:

a) General Department of Energy shall organize the formulation of the cascade hydropower

planning and and the pumped-storage hydropower planning in the country.

b) Provincial People's Committee shall organize the formulation of small hydropower

planning in the area. For small hydropower project located in two or more provinces, the

Provincial People's Committee where the power plant is expectedly located shall agree with

the Provincial People's Committees of the relevant provinces for organization of planning.

In case the Provincial People's Committees do not agree with one another, the Provincial

People's Committee where the power plant is expectedly located shall send written report to

the Ministry of Industry and Trade for consideration and settlement.

Article 6. Content and dossier of hydropower planning.

1. The content of the cascade hydropower planning and small hydropower planning shall

comply with Annex 1 issued together with this Circular and must ensure the following

requirements:

a) Updating the planning, direction of socio-economic development of project area; present

condition and planning of relevant projects of extraction and use of water resources in the

basin approved by the competent authority.

b) Fully investigating, surveying and assessing the natural conditions (topography, geology,

meteorology, hydrology, tectonic earthquake), people’s livelihood, economy and society,

transport, power grid works ... in the planning study area.

c) Assessing the conformity and impact of the hydropower projects proposed planning and

other related projects in the basin.

d) Studying the plans, schemes and scale of extraction; evaluating the economic and energy

efficiency of the proposed projects to recommend the planning scheme.

e) Assessing the strategic environment under the provisions of Decree No. 29/2011/ND-CP

of April 18, 2011 of the Government on assessment of strategic environment and

environmental impact and environmental protection commitment (Decree No. 29/2011/ND-

CP).

g) Surveying and preliminarily assessing the impact of the projects with proposed planning

for population, land, extraction and use of water needs in the lowlands. Except for multi-

purpose hydropower projects, other projects with proposed planning must not occupy more

than 10 hectares of land of various types or relocate more than 01 households with 01 MW

installed capacity.

h) Preliminary assessing and proposing solutions to minimize the negative impact of the

project on the environment – society such as minimally discharging of flow to lowlands;

compensation, support, relocation and resettlement; plantation to recover forest area for

converted purpose use of the projects.

i) Priority is given to construction projects proposed on the basis of technical and economic

indicators and the socio-environmental impact of each project.

2. Content of the pumped-storage hydropower planning includes:

a) Contents specified in clause 1 of this Article.

b) Updating results of forecasting electricity demand and supply and the load diagrams of

the electrical system in the study of national electricity development plan which has been

approved; updating the operating status of the power plants and the progress of construction

investment of related power projects of the power system.

c) Analyzing and assessing the need and scale of the pumped-storage hydropower projects

and function in the peak power generation of sub-loading diagram of the national power

system.

3. Hydropower planning dossier including the printing copy stamped by the planning

advisory agency as prescribed and the CD with full contents of the planning content

specified in Clause 1 and 2 of this Article (hereinafter referred to as the hydropower

planning dossier).

Article 7. Appraisal and approval of hydropower planning

1. The agency organizing the formulation of planning as prescribed in Clause 3, Article 5 of

this Circular shall submit it to the Ministry of Industry and Trade for consideration and

approval attached to a dossier of hydropower planning.

2. Within 05 working days after receiving document for approval and a dossier of

hydropower planning, the Ministry of Industry and Trade shall appraise and issue document

attached to 01 copy of the printing copy of the dossier of planning for submission to

agencies and units concerned to gather opinions about hydropower planning as prescribed.

3. The agencies and units concerned are gathered opinions about hydropower planning

specified in Clause 2 of this Article including:

a) For the cascade hydropower planning and Pumped-storage hydropower planning: the

Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural

Development, Ministry of Construction, Ministry of Transport, Ministry of Defense,

People's Committees of provinces of project area and other related agencies and units (if

necessary).

b) For small hydropower planning: the Ministry of Natural Resources and Environment,

Ministry of Agriculture and Rural Development and other related units (if necessary).

4. The content of appraisal and opinion contribution about hydropower planning must

include:

a) The compatibility of the proposal of hydropower planning with the existing projects and

works and other related strategy and planning which have been approved by the competent

authority.

b) The reliability and satisfaction of the quality requirements of the documents, data used

for planning.

c) The technical compatibility and economic efficiency of the ladder system and planning

of each project with proposed planning.

d) Assessment of impacts and measures to minimize negative impacts to the society and

environment of the projects with proposed planning.

e) The compatibility of the construction investment progress of projects proposed in the

plan with the present condition of power grid and electricity development planning in the

area.

5. The agencies and units concerned consulted on hydropower planning shall respond to the

Ministry of Industry and Trade within the time limit specified in the written consultation.

Beyond this time limit, if the agencies and units not having opinions shall be deemed to

have agreed with the planning content.

6. After having the assessment results and the written consultation of the relevant agencies

and units of hydropower planning, within 05 working days, the Ministry of Industry and

Trade shall have document to summarize the appraisal opinions, for submission to the

submitting agency for the planning approval to coordinate with the advisory agency to

formulate complete study planning of the content and dossier of hydropower planning

7. The submitting agency is responsible for making report and explanation and receiving of

appraisal opinions specified in Clause 6 of this Article, sending it to the Ministry of

Industry and Trade together documents with the revised and supplemented contents for

consideration of hydropower planning approval.

Article 8. Approval of hydropower planning

1. The hydropower planning to be approved must satisfy the following conditions:

a) Having adequate dossier and content of planning as prescribed.

b) Being consistent with the relevant strategies, planning, projects and works.

c) The materials, data, result of calculation and analysis in the planning must ensure the

quality and accuracy.

d) Rationally exploiting the hydro power resources of the basin under study, minimizing

the negative impact on the society and environment to achieve the highest benefit to society

and the State.

2. Within 10 working days after receiving a written explanation and appraisal opinion

receiving and planning dossier specified in Clause 7, Article 7 of this Circular, the Ministry

of Industry and Trade shall consider and make a decision on approval for hydropower

planning if meeting the conditions specified in Clause 8 of this Article or has a written

reply to the submitting agency on the reason why the hydropower planning was not (or has

not yet been) approved.

3. Main contents of hydropower planning approval includes

a) Information about the expected site for works construction (geographic coordinates,

name of commune, district, province, river and spring), extraction scheme, tasks and main

technical parameters (basin area to Flv dam line, the normal rising water level MNDBT and

dead water level MNC, flood prevention capacity Wpl (if any), the downstream water level

of smallest plant MNHLmin, installed capacity Nlm and average output power Eo) of

projects.

b) Technical and economic social and environmental issues of the projects should be taken

into account and implemented during the process of construction research.

c) Expected progress or priority over the construction of projects.

4. Within 03 working days after the approval of hydropower planning, the Ministry of

Industry and Trade shall send 01 original of approval decision together with 01 copy of the

dossier of complete planning to the provincial People's Committee and the Service of Trade

and Industry in the area where located the hydropower project; send 01 original of the

approval decision to the Vietnam Electricity Group, the ministries, sectors, agencies and

units concerned.

Article 9. Adjustment and addition to hydropower planning

1. The hydropower planning is adjusted and added in the following cases:

a) Adjusting the content of planning approval is specified at Point a, Clause 3, Article 8 of

this Circular for projects of hydropower planning approved to enhance economic efficiency

and minimize negative impacts on society and environment or comply with other relevant

plans.

b) Adding projects to the approved hydropower planning.

2. The adjustment and addition to hydropower planning are implemented as follows::

a) For projects specified at Point a, Clause 1 of this Article: Investors of projects shall

submit the planning to the Ministry of Industry and Trade for consideration and approval

together with a report on the planning adjustment with the content specified in Article 6 of

Circular or dossier of works construction investment project as prescribed. The appraisal

and approval of the planning adjustment shall comply with the provisions of Clauses 2, 4,

6, 7, Article 7 and Article 8 of this Circular. The consultation (if necessary) and feedback of

the agencies and units concerned about the contents of the planning adjustment of the

project shall comply with the provisions of Clause 2, Clause 3 and Clause 5, Article 7 of

this Circular.

b) For projects specified at Point b, Clause 1 of this Article: Complying with the provisions

of Article 4, Article 5, Article 6, Article 7 and Article 8 of this Circular.

Article 10. Publication of hydropower planning

1. The hydropower planning must be published within 30 days from the approval day to the

agencies, units, organizations and individuals for implementation.

2. The Ministry of Industry and Trade shall publish, guide, monitor and inspect the

implementation of the cascade hydropower planning and the pumped-storage hydropower

planning approved nationwide.

3. Provincial People’s Committee shall publish, guide, monitor and inspect the

implementation of small hydropower planning approved in provincial area.

Article 11. Funds for formulation, appraisal, approval and publication of hydropower

planning

1. Funds for formulation, appraisal, approval and publication of hydropower planning

(including adjustment and addition to hydropower planning) are balanced in annual budget

plan and other legal mobilized capital resources.

2. The Ministry of Industry and Trade shall register central budget under yearly plan for the

formulation, appraisal and approval, publish the cascade hydropower planning and

pumped-storage hydropower planning. The provincial People’s Committee shall register

the provincial budget under yearly plan for the formulation, appraisal, approval and

publication of small hydropower planning in provincial area.

3. The management and use of funds in Clause 1 of this Article shall comply with the

relevant provisions of law.

4. Encouraging business to invest in funds and participate in formulation of hydropower

planning to develop hydroelectric power after being approved by the state agencies

responsible for formulation under the provisions of Clause 3 of Article 5 of this Circular.

This funding is included in the cost of production of the enterprise but must be in

accordance with current regulations on price, cost norm for electricity development

planning.

Chapter III

MANAGEMENT OF HYDROPOWER PROJECT CONSTRUCTION

INVESTMENT

Article 12. Principle of management of hydropower project construction investment

1. The investment in construction of hydropower projects must ensure: compliance with the

regulations of the law on investment, construction, water resources, environmental

protection and other relevant regulations; compliance with the hydropower planning and in

accordance with the electricity development plan approved by the competent authority.

2. In case the projects are under the hydropower planning but not yet included in the

electricity development plan or not in accordance with the electricity power development

plan, the competent authorities permitting investment must consult the Ministry of Industry

and Trade of the compatibility of the project with electricity development planning before

considering permission for investment.

3. Any change in the legal status of the investor, scope, tasks, schedule of hydropower

projects in the construction process must be competent state agencies related to written

permissionbefore implementation.

Article 13. Requirements for investor of hydropower projects.

1. As enterprises of economic sectors established under the provisions of the Law on

Enterprises and having business line of construction investment of hydropower projects.

2. Having sufficient financial capacity to implement the project: Investors must ensure their

equity of at least 30% of the total investment of the project and being committed in writing

by the credit institutions, financial institutions, banks for the rest of the investment loan.

Investors must report to the competent authorities on the selection of the investors specified

in Clause 2, Article 15 of this Circular and on the plan to allocate investment capital for the

projects and ensure the compliance with progress of the project implementation.

3. Investor is not the investor of another project which is being slowly deployed or delayed

later than 12 months compared with regulation in the investment certificate, unless it is

suspended or extended for the implementation of the project by provisions of the law on

investment. Investors have to provide copies of dossiers relating to the implementation of

the projects in which they are investors to the investment authority for consideration and

shall be responsible for the accuracy of this information.

Article 14. Plan for implementation of construction investment of hydropower

projects

1. The plan for implementation of construction investment of hydropower projects

(including construction starting schedule, operation of generator and completion of the

works) is the foundation that allows the implementation of the project.

2. The plan for implementation of construction investment of hydropower projects must be

consistent with:

a) Electricity development plan approved by the competent authority.

b) Situation of economic and social development, sub-loading and the relevant power grid

works in the area.

3. Prior to November 30 annually, the provincial People’s Committee shall submit the plan

for implementation of construction investment of hydropower projects to the Ministry of

Industry and Trade for considerationand approval in the following year. In case the project

is located in two or more provinces, those provincial People’s Committees shall assume the

prime responsibility and agree with the related provincial People’s Committes for

submission to the Ministry of Industry and Trade for approval.

Article 15. Selection of investor of hydropower project

1. The selection of investor of hydropower project must ensure:

a) Compliance with current regulations of the law on investment, procurement and other

relevant regulations.

b) Proper selection of the investor with the highest capacity and experience to carry out

investment projects on schedule, quality assurance and minimization the negative impacts

of the project on the environment and society.

2. The selection of investor of hydropower project is implemented as follows:

a) For projects in the list of power in the national electricity development plan but the

investors are not identified: Complying with the regulation of the law on investment and

decision on approval of national electricity development plan of the Prime Minister. In

particular, the competent authorities selecting the investors must consult the ministries and

sectors and localities concerned for review before submission to the competent authorities

for the approval of the project investor.

b) For other projects: the provincial People’s Committee having projects shall organize the

selection of the investor; consult the Ministry of Industry and Trade about the compatibility

of the project with planning and the meeting the requirements of the investor; consult the

relevant agencies for consideration and approval.

3. In case the project is located in many provinces, the provincial People’s Committee shall

assume the prime responsibility and consult the Ministry of Industry and Trade and the

People’s Committees of provinces concerned and other agencies as prescribed to select the

investor.

4. The consulted agencies specified at Points a and b, Clause 2 of this Article shall reply

consulting agency within 10 working days from the date of receipt of a written request for

consultation. Beyond this time limit, if the relevant authorities have no opinion, they shall

be deemed to agree with the consulting agencies on the selection of project investors.

5. Encouraging the selection of an investor to carry out cluster of hydropower projects

related to the regulation of the flow or use power grid works of capacity transmission in

common of the hydropower plants.

6. Enterprises that have invested funds and participated in hydropower planning in

accordance with Clause 4, Article 8 of this Circular are prioritized to become the investor

of a number of hydropower projects in that planning study if registering investment and

meeting the prescribed requirements.

Article 16. Formulation of investment project in hydropower works construction

1. After having been permitted by the competent authority for investment under the current

regulations, the investor of hydropower projects shall formulate investment project in

hydropower works construction (hereinafter referred to as the investment project).

2. Contents of investment projects shall comply with the provisions of the law on the

management of works construction investment project and perform the following contents:

a) Investigating, surveying and carefully assessing natural conditions (topography, geology,

meteorology, hydrology, tectonic earthquake), people’s livelihood, the economy and

society, transportation, power grid works ... in the area.

b) Updating the present condition and planning the extraction and use of related water

resources in the basin, as a basis for calculation for determining the design hydrological

characteristics and the relationship between flow and water levels in study lines.

c) Calculating and determining the minimum flow specified in Decree No. 112/2008/ND-

CP of October 20, 2008 of the Government on management, protection and general

extraction of resources and environment of hydropower and irrigation reservoir (Decree

No. 112/2008/ND-CP) and the guidance of the Ministry of Natural Resources and

Environment; having measures to ensure minimum discharge of flow to the lowlands.

d) Analyzing and comparing alternatives to choose works line, the normal rising water

level, dead water level, installed capacity Nlm, number of plant units, structure of rolling

weir, size and structure of spillway, subsidiary solution, plan for connection of hydropower

plant to the power system to raise investment efficiency and minimize negative effect for

environment and society.

e) Assessing the project's impact on safety, output power, extraction capacity of the

adjacent works and projects in the basin that have been approved by the competent

authority.

g) Computing the safety, stability, durability, waterproof, hydraulic regime… of the main

items of works such as rolling weir, spillway, intake, tunnel, diversion channel, pressure

vessel, pressure tower, penstock, hydropower plant, discharge canal, foundation pit dug

roof in all working conditions of the works.

h) Arranging adequate devices monitoring activities of the works and foundation in

accordance with national technical regulation QCVN 04-05:2012 / BNNPTNT (Irrigation

works - The main provisions on the design) and national Standard TCVN 8215:2009

(Irrigation works - The main provisions of the design and layout of device monitoring

headworks cluster).

i) Planning the connection of hydropower plant to the national power system, ensuring the

compliance with the electricity development planning, connection planning of hydroelectric

power to the national power system which has been approved; having written agreement of

the Vietnam Electricity Group on technical plans for connection, measurement, control and

protection devices, of the electrical connection works.

k) Planning the transportation for the construction and operation of hydropower works to

ensure compliance with transportation development planning in the region; planning the

organization of construction and the works construction investment schedule to ensure the

safety, effectiveness and response to the electricity generation as prescribed.

l) Carefully assessing the impact of the project on the environment in the area in

accordance with Decree No. 29/2011/ND-CP. In particular investigating the specific land

occupation area of all types (residential land, rice land, crop land, protection forest land,

specialized land, production forest land, river and spring lan, etc.) of hydropower works,

and works in service of construction performance and operation, the area and / or

resettlement place, plantation area to recover forest for converted purpose use of the

projects.

m) Having written agreement of the policy of the relevant competent authorities on the

conversion of land use purpose for the project.

n) Consulting the related provincial People's Committees on the measures to minimize

negative impacts on the environment and society: the compensation, support, relocation and

resettlement; afforestation to replace the forest area to be converted the purpose of use for

the project; restoring the ground after construction of works.

o) Assessing other combining effects of projects such as: flood reduction, water supply for

lowlands; development of tourism, water transportation, aquaculture; labor force employed

in the process of investment, construction and operation of the project.

p) Having plans for allocation of investment capital in accordance with the progress of the

works construction investment; analyzing and assessing the financial and economic

efficiency of the project.

Article 17. Assessment and approval of hydropower investment Project

1. The assessment and approval of hydropower investment Project shall comply with

regulations of law on management of works construction investment Project

2. The focal units in project appraisal shall consult the sector management agencies, state

management agencies on construction and other relevant agencies about the investment

project and basic design for appraisal of project in accordance with regulations.

3. In case the study results of investment project are different from the contents of the

planning approval of the project specified at Point a, Clause 10, Article 7 of this Circular,

the investor must submit the study result to the Ministry of Industry and Trade for

consideration, approval and adjustment of hydropower planning as provided for at Point a,

Clause 1 and Point a, Clause 2, Article 8 of this Circular prior to approval of project

investment.

4. The content of assessment and consultation about investment project or basic design of

related agencies and units specified in Clause 2 of this Article must include:

a) Quality, reliability of the materials and data on meteorology, hydrology, topography,

geology, etc. used in the calculation of project design.

b) The compatibility of the overall layout plan of the works, the structure and main

parameters of reservoirs, rolling weir, spillways, subsidiary works, intake, tunnel, diversion

channel, penstock, pressure vessel, pressure tower, discharge canal, pit dug roof, hydro

mechanical equipment, electrical equipment ...

c) The compatibility of the energy parameters (installed capacity Nlm, guaranteed output

Nđb, output power Eo) and connection plan to the power system of the project.

d) The compatibility of the project design with the construction standards and regulation,

environment, fire prevention and fighting, etc. allowed to apply.

5. The person making a decision on investment in hydropower project only approves the

investment project after being approved or agreed by the competent state agencies with the

following contents:

a) Report on assessment of environmental impact or written commitment to environmental

protection as prescribed.

b) Plan or project of compensation, support, relocation, resettlement as prescribed.

6. After approval of the investment project, the investor shall submit 01 complete set of

dossier (including 01 copy and 01 CD recording the dossier content) with 01 original

approval decision to the Ministry of Industry and Trade, provincial People’s Committee

and Service of Trade and Industry of the project area to monitor, inspect and direct the

implementation of the project.

Article 18. Formulation, appraisal and approval of design of hydropower works

construction.

1. The investors shall organize the formulation, appraisal and approval of the technical

design (for project requiring 3 step design) or design of performance drawing (for project

requiring 3 step design) of the project as prescribed by law on the management of works

construction investment projects and are responsible for the approval content.

2. The technical design content (for project requiring 3 step design) or design of

performance drawing (for project requiring 3 step design) of the project must ensure

compliance with the basic design in the investment project approved. In case of change of

content, the investors should consult the relevant authorities in accordance with the

provisions of Clause 2, Article 16 of this Circular about the change of content in order to

approve the adjustment of the investment project before approval of technical design or

design of performance drawing.

Article 19. Starting construction of hydropower works

Investors only start the construction when meeting all the conditions stipulated in Article 72

of the Construction Law and the current provisions of the relevant law.

Article 20. Investment in construction of power connection and capacity transmission

works of hydropower plant.

The investment in construction of power connection and capacity transmission works of

hydropower plant shall comply with provisions in the Electricity Law and guiding

documents and detailed provisions on implementation of the Electricity Law. For

hydropower projects with installed capacity of less than 30MW, the investor must build the

connection line from the plant to power sale location as agreed with the buyer. In case of

failure of agreement, the investor shall request the Ministry of Industry and Trade for

consideration and approval for implementation. The relevant investment expenses shall be

included in the power sale price as prescribed.

Article 21. Management of construction of hydropower works

1. The management of hydropower works quality shall comply with regulation of law on

management of construction works quality particularly pay special attention to the

management of quality of rolling weir, spillway, valve gate of spillway, outlet through dam

body, intake, diversion tunnel, penstock, aqueduct bridge on water channel and hydropower

plant.

2. Other management contents on construction of hydropower works shall comply with

current regulations of the law on the management of works construction investment

projects.

3. The testing, survey and certification of eligibility for load-bearing safety, certification of

conformity of quality of construction works shall comply with current regulations on

management of works construction investment projects and quality of construction works

particularly requiring the performance of the test and certification of eligibility for load-

bearing safety before putting into use for items that when incidents occur due to loss of

bearing capacity can cause catastrophe for people, property and the environment (including

rolling weir, spillway, valve gate of spillway, outlet through dam body, intake, diversion

tunnel, penstock, aqueduct bridge on water channel and hydropower plant, etc.) of

hydropower works.

Article 22. Monitoring and assessment of construction investment of hydropower

project

The monitoring and assessment of investment in hydropower projects shall comply with the

provisions of Decree No. 113/2009/ND-CP of December 15, 2009 of the Government on

monitoring and assessment of investment; Decision No. 80/ 2005/QD-TTg of April 18,

2005 of the Prime Minister on promulgation of the Regulation on monitoring of investment

of community; Circulars of the Ministry of Planning and Investment No.13/2010/TT-BKH

of June 2, 2010 stipulating the form of report on monitoring and assessment of investment

No. 22/2010/TT-BKH of December 02, 2010 stipulating the norm of expense of monitoring

and assessment of investment, No.23/2010/TT-BKH of December 13, 2010 stipulating the

condition and capability of the organization and individual performing consultation and

assessment of investment projects and the relevant provisions of law.

Article 23. Dealing with the hydroelectric projects with slow progress

1. For hydropower projects permitted for investment or granted with investment certificate

but after 12 months the investors do not deploy or unable to comply with the prescribed

schedule (except the projects permitted for suspension or extension for performance), these

projects shall be recovered and transferred to the other investors in accordance with the

provisions of the law on investment.

2. The transfer of project to be recovered to other investors shall be done as follows

a) For projects under the national power development plan: Provincial People’s Committee

where the project is located shall make a report to the Ministry of Industry and Trade for

submission to the Prime Minister for consideration and decision.

b) For other projects: Provincial People’s Committee shall make a decision on recovery and

select another investor in accordance with current regulations and the contents of the

relevant provisions of Article 14 of this Circular.

Chapter IV

MANAGEMENT OF OPERATION OF HYDROPOWER WORKS

Article 24. Process of operation of hydropower reservoir.

1. The process of operation of hydropower reservoir must be approved by the competent

authority before the reservoir retain water for the first time, on the basis of the results of

investment study and works construction design, in accordance with the provisions of

Decree No. 112/2008/ND-CP and Decision No.285/2006/QD-TTg of December 25, 2006

of the Prime Minister on the content of promulgation authority and implementation of the

process of hydropower reservoir operation.

2. The formulation of process of reservoir operation shall be done by the project investor in

coordination with the consultation agencies that have function of appropriate hydropower

project design.

3. The process of reservoir operation must ensure the following requirements:

a) Safety for the works with all floods with scale smaller or equal to check flood of the

works as prescribed.

b) Operation, regulation and discharge of flood to ensure the safety for the lowlands

c) Complete performance of tasks of the project.

d) Compliance with the process of inter-reservoir operation approved by competent

authority (if any).

e) Minimization of the negative impacts of the project on the environment - society

g) Improvement of efficiency of hydro power exploitation of the works.

4. The main contents of the process of hydropower reservoir operation specified in Annex 2

issued together with this Circular.

5. Organizations and individuals concerned must comply with the process of reservoir

approved by the competent authority particularly paying special attention to the

implementation of regulations on the preparation of flood prevention and fighting; flood

discharge operation, power generation; minimum flow discharge to lowlands;coordination

mode, information and reports as prescribed.

6. Quarterly in the dry season and monthly during the flood season, the hydropower dam

owner must be a written report to the Ministry of Industry and Trade, the Ministry of

Natural Resources and Environment, the provincial People's Committees and the Service of

Trade of the project area on the reservoir operation.

Article 25. Operation of hydropowe plant in the national power system.

1. Prior to commercial operation, the project investor must be granted the power operation

Permit by the competent authority under the provisions of the Electricity Law and confirm

the implementation of works, environmental protection measures under the provisions of

Decree No. 29/2011/ND-CP.

2. In the course of operation and generation to the national power grid, the unit managing

and operating power plant must comply with the operational mode, command and

regulation order of the regulating unit of the power system; comply with the process,

technical regulations on power plant operation and power grid; comply with regulations on

hydropower dam safety and the process of reservoir operation approved by the competent

authority.

Article 26. Maintenance of hydropower works

The maintenance of hydropower projects shall comply with the provisions of Decree No.

114/2010/ND-CP of December 6, 2010 of the Government on maintenance of construction

works and other relevant regulations.

Article 27. Inspection and monitoring in the course of operation of hydropower

works.

Annually, the Ministry of Industry and Trade in collaboration with provincial People’s

Committee of the project area and the agencies and units concerned shall inspect and assess

the implementation of the process of reservoir operation and the power operation Permit of

the hydropower works having been put into operation.

Chapter V

IMPLEMENTATION PROVISION

Article 28. Implementation organization

1. General Department of Energy is responsible for organizing, guiding and coordinating

with the Service of Industry and Trade of provinces where hydropower project is located

for inspecting the implementation of this Circular.

2. People’s Committee of the provinces where hydropower project is located shall direct the

related agencies and units in the area to implement this Circular

3. Every six months, before June 20 and December 20 annually, the People’s Committee of

the provinces where hydropower project is located shall make a report to the Ministry of

Industry and Trade on the implementation of the planning, investment in construction of

hydroelectric projects and operation of the hydropower projects in the area.

Article 29. Effect

1. This Circular takes effect on February 10, 2013. The regulations and guidelines of the

Ministry of Trade and Industry (formerly the Ministry of Industry) issued related to the

management of the planning, investment in hydroelectric project construction and operation

of hydroelectric works contrary to the provisions of this Circular are annulled.

2. The hydropower planning already approved by competent authorities as prescribed

before this Circular takes effect shall continue complying with decisions issued.

3. The adjustment, addition of hydropower planning already approved by competent

authorities shall comply with the provisions of this Circular.

4. Any problem arising in the implementation of this Circular, the organizations and

individuals should reflect in writing to the Ministry of Trade and Industry (through the

General Department of Energy) for consideration and settlement. /.

PP. MINISTRY

DEPUTY MINISTRY

Le Duong Quang

------------------------------------------------------------------------------------------------------

This translation is made by LawSoft and for reference purposes only. Its copyright is

owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual

Property.Your comments are always welcomed

THE NATIONAL ASSEMBLY

-------

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

---------- Law No. 17/2012/QH13 Hanoi, June 21, 2012

LAW

ON WATER RESOURCES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended

and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates Law on water resources.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Law provides on management, protection, exploitation and use of water resources,

as well as the prevention of, combat against and overcoming of harmful effects caused by

water in the territory of the Socialist Republic of Vietnam.

2. Underground water and sea water in exclusive economic zones, continental shelves of

the Socialist Republic of Vietnam, mineral water, natural hot water are not subject to

adjustment of this Law.

Article 2. Interpretation of terms

In this Law, the below terms are construed as follows:

1. Water resources include underground water, surface water, rain water and sea water in

territory of the Socialist Republic of Vietnam.

2. Water sources mean accumulation shapes of natural or artificial water which may

exploit, use, including rivers, springs, canals, ditches, lakes, ponds, lagoons, seas,

underground aquifers; rain, ice, snow and other.

3. Surface water means water existing on surface mainland or islands.

4. Underground water means water existing in underground aquifers.

5. Inter-provincial water sources mean water sources being allocated on area of 02 or more

provinces or centrally-affiliated cities.

6. Intra-provincial water sources mean water sources being allocated on area of 01

province or centrally-affiliated city.

7. Inter-country water sources mean water sources flowing from Vietnam’s territory

through other country’s territory or vice versa or water sources on border line between

Vietnam and neighbor country.

8. River basin means land zone in which surface water, underground water flowing

naturally in rivers and escaping out a common gate or escaping out sea.

River basin includes inter-provincial river basin and intra-provincial river basin.

9. Inter-provincial river basin means river basin on area of 02 or more provinces or

centrally-affiliated cities.

10. Inter-provincial river basin means river basin on area of 01 province or centrally-

affiliated city.

11. Living water means clean water or water that may use for eating, drinking, and hygiene

of human.

12. Clean water means water with quality satisfying technical regulation on clean water of

Vietnam.

13. Living water sources mean water sources that may supply living water or treated into

living water.

14. Water source pollution means changes physical nature, chemical nature and biological

component of water that are not suitable to permitted technical regulations and standards,

cause bad effects to people and animals.

15. Water source deterioration means depletion on quantity, quality of water sources

compared to natural state or to state of Water sources observed in pre-period.

16. Water source depletion means serious depletion on quantity of water sources, causing

water sources fail to satisfying demand of exploitation, use and the aquatic ecology

preservation.

17. Water sources’ capacity to receive sewage means capacity of water sources receiving

additionally a sewage volume and still ensure quality of water sources for use purpose

under Vietnamese or foreign technical regulations and standards to which competent state

agencies permit to apply.

18. Minimum flow means the flow at the lowest level necessary for maintaining a river or

river section, ensuring the normal development of aquatic ecology and the minimum level

for water resource exploitation and use by water users.

19. Underground water exploitation threshold means limit permit to exploit underground

water aiming to ensure not causing salinization, degradation, water source depletion, land

subsidence, subsidence, bad impacts to surface water source and relevant environment.

20. Hygiene Protection Zone of area supplying living water means adjacent area of area

supplying living water from water sources being defined for compulsory protection to

prevent from, combat against the living water source pollution.

21. Function of water source means certain purposes of using water based on benefit values

of water source.

22. Protection corridor of water source means the limited land part being along water

source or surrounding it defined by competent state agencies.

Article 3. Principle of management, protection, exploitation and use of water

resources, as well as the prevention of, combat against and overcoming of harmful

effects caused by water

1. Management of water resources must ensure uniform with river basin, water sources,

combining with management based on administrative area.

2. Water resources must be managed in general, uniform of water quantity and quality,

between surface water and underground water; water on mainland and water on gate river

area, internal waters, and territorial waters; between upstream and downstream, combining

with management of other natural resources.

3. Protection, exploitation and use of water resources, as well as the prevention of, combat

against and overcoming of harmful effects caused by water must comply with strategy,

master plan on water resources have been approved by competent state management

agencies; linked with environmental protection, protection of natural landscapes, historic -

cultural vestiges, scenic places and other natural resources; assurance of national defense

and security, social order and safety.

4. Protection of water resources is duty of all agencies, organizations, individuals and

taking prevention as main duty, combining with protection, development of forest, capacity

of recycling water resources, combining with protection of water quality and aquatic

ecology, overcoming and restraining pollution, deterioration, depletion of water sources.

5. Exploitation, use of water resources must be in saving, safety and effectiveness; ensure

to synthetic use, for multiple objectives, be fair, reasonable, harmonious on benefit, equal

on interests and duties among organizations, individuals.

6. Prevention of, combat against and overcoming of harmful effects caused by water must

have active plan and measure; ensure harmonious combination of national benefits,

regional benefits and branch benefits; combination between modern science and technology

with traditional experiences of people and suitable to socio-economic conditions.

7. Master plan on protection, exploitation and use of water resources, as well as the

prevention of, combat against and overcoming of harmful effects caused by water must

contribute to develop society - economy and have measures ensuring life of inhabitants,

national defense and security, protection of historic - cultural vestiges, scenic places and

enviroment.

8. Master plans, plans. Programs, projects on development of society-economy, national

defense and security must associate with water sources, water resource protection; ensure

maintaining minimum flow on rivers not exceeding exploitation threshold with respect to

aquifers and have measure ensuring life of inhabitants.

9. Assurance of territory sovereignty, national benefits, equality and reasonable in

protection, exploitation, use and develoment of water resources, as well as the prevention

of, combat against and overcoming of harmful effects caused by water with respect to inter-

country water sources.

Article 4. State’s policies on water resources

1. To ensure water resources being managed, protected, exploited, use resonablely, in

saving and effectiveness, satisfying demand of socio-economic sustainable development

and assurance of national defense and security.

2. To invest and organize basic survey, master plans on water resources; to build system of

observation, overseeing water resources, information system, the water resource database,

to improve capacity of forecast on water resources, pollution of water sources, floods,

drought, salinization, sea-level rise and other harmful effects caused by water; to assist for

development of water sources and development of infrastructure relating to water

resources.

3. To prioritize to invest in research, explore, exploit water sources, have incentive policy

for investment projects on water exploitation in order to solve living and production water

for people in mountainous areas, areas of ethnic minority groups, border areas, inslands,

areas in difficult socio-economic conditions, areas in extremely difficult socio-economic

conditions, areas where fresh water is scarce.

4. To invest and have mechanism to encourage organizations, individuals for investment in

research, advanced science and technology application in order to manage, protect, develop

water sources, exploit, use in saving, effectiveness for water resources, handle sewage

meeting technical regulations and standards in order to reuse, process saline water, brackish

water into fresh water, collect, use rain water, supply artificial underground water, recover

water sources polluted,deteriorated, depleted , prevent, combat against and overcome

harmful effect caused by water.

5. To ensure state budget for operations of basic survey, master plan on water resources,

water resource protection, prevention of, combat against and overcoming of harmful effects

caused by water.

Article 5. Dissemination and education of water resources

1. Ministries, ministerial-level agencies, People’s Committees at levels within their duties,

powers shall coordinate with mass information agencies and training, educational facilities

to disseminate, educate on water resources, guide people for implementing measures of

water resource protection, use water in saving, effectiveness and comply with provisions of

law on water resources.

2. The Vietnam Fatherland Front Central Committee and organizations being its member

within their duties, powers shall coordinate with state management agencies of water

resources to disseminate, mobilize People to participate in water resource protection, using

water in saving, effectiveness and comply with provisions of law on water resources,

supervising protection, exploitation, use of water resources, prevention of, combat against

and overcoming of harmful effect caused by water.

Article 6. Taking opinions of inhabitant community and relevant organizations,

individuals in exploitation, use of water resources, discharge of sewage into water

sources

1. Organizations, individuals that invest projects in which include construction of works on

exploitation and use of water resources or have operations of discharge of sewage into

water sources affecting seriously to production and living of people in localities shall

coordinate with local authorities to implement the following operations:

a) To take opinions of representative of inhabitant community and relevant organizations,

individuals in areas influenced on project’ s contents relating to plan on exploitation, use of

water resources, and discharge of sewage into water sources; to sum up, make reception,

explanation and send enclosing dossier of project when submitting to competent state

agencies to decide investment;

b) To publicity information on project’s contents relating to exploitation, use water

resources, discharge of sewage into water sources and influences possible causing before

implementation;

c) Funds to implement operations specified in this clause shall be paid by organizations,

individuals investing in project.

2. If investment project has water transfer, in addition to implement provisions in clause 1

of this article, the investor being organization or individual must take opinions of People’s

Committee, river basin regarding scale of, plan on water transfer before making investment

project. Collection of opinions is prescribed as follows:

a) The relevant People’s Committee in communes, wards, towns (hereinafter referred to as

the communal People’s Committee), People’s Committee in districts, provincial-affiliated

towns, cities (hereinafter referred to as the district-level People’s Committee) for project

with water transfer in intra-provincial river basin.

b) The relevant People’s Committee in provinces, centrally-affiliated cities (hereinafter

referred to as the provincial People’s Committee) and river basin organization for project

with water transfer not subject to case specified in point a, this clause.

3. If investment project build lake, dam on river in inter province river basin without water

transfer, in addition to implement provisions in clause 1 of this article, before making

investment project, the investor being organization or individual shall:

a) Collection opinions of the relevant provincial People’s Committees and river basin

organization for scale, plan on proposal for construction of works on main flow;

b) To previous inform to the relevant provincial People’s Committees and river basin

organization of scale, plan on proposal for construction of works on sub-flow;

4. The Government details collection of opinions and publicity of information specified in

this article.

Article 7. List of river basins, list of water sources

1. List of river basins and list of water sources are basis in order to implement contents of

water resource management in according to river basin, water sources.

2. List of river basins includes:

a) The inter-provincial river basin;

b) The intra-provincial river basin;

3. List of water sources includes:

a) Inter-provincial water sources;

b) Intra-provincial water sources;

c) Inter-country water sources.

4. The Ministry of Natural Resources and Environment organizes making list of inter-

provincial river basin to submit to the Prime Minister for promulgation; makes,

promulgates list of intra-provincial river basin, list of inter-provincial water sources, inter-

country water sources.

5. Provincial People’s Committees make, promulgate list of intra-provincial water sources

in localities.

Article 8. Archival, use of water resource information

1. Archival of documents relating to water resources are sector-specialized archival and be

implemented as prescribed by law on archival.

2. Agencies in charge of task on state management on water resources shall supply

information on water resources for organizations, individuals when requested as prescribed

by law.

3. Organizations, individuals using information on water resources must pay charge for

using information as prescribed by law on charges, fees.

Article 9. The strictly prohibited acts

1. To discharge wastes, rubbish, discharge or leak toxic substances into water sources and

other acts causing pollution, deterioration, depletion for water sources.

2. To discharge sewage, bring waste into Hygiene Protection Zone of area supplying living

water, discharge sewage not yet processed or processed but not met technical regulations

and standards into water sources.

3. To discharge toxic exhaust directly into water sources; to discharge sewage into soil

through drilling wells, digging wells and other forms aiming to bring sewage into

subterranean; have frauds in discharging sewage.

4. To put obstacles, built architecture works, to plant trees unlawfully obstructing flood

drainage, water circulation in rivers, springs, lakes, cannels, ditches.

5. To exploit unlawfully sand, gravel on rivers, springs, canals, ditches, reservoirs; to

exploit minerals, drill, dig, build houses, architecture objects, works and other acts in

protection corridor of water sources causing landslide riversides, springs, canals, ditches,

reservoirs or causing serious influence threatening stabilization, safety of rivers, springs,

canals, ditches, reservoirs.

6. To destroy works for protection, exploitation, use, obversation, supervision of water

resources, works for prevention of, combat against and overcoming of harmful effects

caused by water.

7. To obstruct operation of water resource basic survey, the lawful right of exploitation, use

of water resources of organizations, individuals.

8. To explore, exploit, use water resources, to discharge sewage into water sources and

practice drilling of underground water unlawfully.

9. Not to obey process on operation of reservoirs, inter-reservoirs promulgated by

competent state agencies.

10. To build reservoirs, dams, works exploiting water contrary to master plan on water

resources.

Chapter II

BASIC SURVEY, STRATEGY, MASTER PLAN ON WATER RESOURCES

Section 1. BASIC SURVEY ON WATER RESOURCES

Article 10. The responsibility of State in basic survey on water resources

1. The basic survey on water resources must be implemented under master plan, plan

approved by competent authorities.

Funds for basic survey on water resources shall be allocated in annual State budget

estimates.

2. The Ministry of Natural Resources and Environment organizes making master plan on

water resource basic survey to submit to the Prime Minister for approval

3. Based on approved master plan on water resource basic survey, ministries, ministerial-

level agencies and provincial-level People’s Committee within their duties, powers shall

organize formulation of their plan on water resource basic survey.

Article 11. Master plan on water resource basic survey

1. Making master plan on water resource basic survey must ensure the following

requirements:

a) To satisfy requirement on formulating strategy, master plan, plan on socio-economic

development, national defense and security, regional planning, water resource strategy;

b) To make as basis for operation of water resource basic survey, servicing for planning on

water resources.

2. Bases to make master plan on water resource basic survey include:

a) Strategy, master plan, plan on socio-economic development, national defense and

security, regional planning, water resource strategy;

b) Result of implementing master plan on water resource basic survey of previous period.

3. Master plan on water resource basic survey includes the following main contents:

a) To identify requirements on information, figures regarding water resources, exploitation,

use of water resources in whole country;

b) To review, assess result of implementing basic survey or result of implementing master

plan on water resource basic survey in previous period;

c) To identify operations of water resource basic survey that need to execute for river

basins, areas, water sources being implemented water resource basic survey in planning

term;

d) To identify priority order of basic survey operation defined in point c, this clause;

e) Solutions, funds, plans and progress of implementation.

4. Period of master plan on water resource basic survey is 10 years, with vision to 20 years.

Article 12. Operation of basic survey on water resources

1. Basic survey on water resources includes the following operations:

a) Survey, assess on water resources;

b) Inventory of water resources periodically 05 year one time;

c) Survey of current status of exploitation, use of water resources, discharge of sewage,

exhaust, other waste into water sources;

d) To set up and maintain network systems for observation, supervision of water resources;

dd) To set up and maintain systems warning, forecasting flood, drought, salinization, sea-

level rise and other harmful effects caused by water;

e) To set up and maintain systems of information, database of water resources;

g) To formulate report on national water resources, report on water resources of central-

affiliated cities and provinces, report on exploitation, use of water resources in branches,

fields.

2. The content of survey, assessment of water resources specified in point a, clause 1 of this

Article includes:

a) To make specific maps of river basins, specific maps of rivers, springs, lakes, lagoons

and sea areas;

b) To make geological and hydrographic maps of aquifers, water containing structures and

water containing complexes;

c) To assess quantity and quality of water sources; search underground water sources;

d) To make map of water resources, map of zoning based on quality of water sources, maps

of specialized water resources;

dd) To assess situation on pollution, deterioration, depletion, saline infiltration of surface

water sources, underground water, sea water pollution; classify water sources in according

to exte

small hydro resource mapping in vietnam final report - …...small hydro gis database and guidelines...

Documents