The Decree 43/2015/nd-Cp: Rules, Manage Water Resources Protection Corridor

Original Language Title: Nghị định 43/2015/NĐ-CP: Quy định lập, quản lý hành lang bảo vệ nguồn nước

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THE GOVERNMENT.
Number: 43 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 6, 2015

DECREE

Q Established, managing the corridors, protecting the source of water.

_____________

Government Law Base December 25, 2001;

The Water Resources Law Base June 21, 2012;

At the suggestion of the Minister of Natural Resources and Environment,

The government has enacted a planning decree, managing the water resource protection corridor. .

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree provides for the establishment, administrative management of water resources for water resources prescribed at Article 31 of the Law of Water Resources. 17 /2012/QH13.

What? 2. Subject applies

This decree applies to state agencies, organizations, individuals, households with regard to the establishment, management of the water protection lobby, which operates within the scope of the corridors protecting the water resources on the territory of the Socialist Republic of Vietnam.

What? 3. Explain words

1. The source of water associated with religious activity, the belief is that the source of water is considered by the community to be a sacred source of water or a host of religious festivals.

2. The source of water associated with cultural conservation activities is the passage of the river, stream, channel, incision, the lake attached to the scenic scenic, historical relic-cultural heritage of the locality.

3. Water sources with a high value in biodiversity are the source of water attached to the regular or seasonal habitat of the animals, the endangered species category, the precious, rare protection priority.

4. River, stream, channel, Creek has to establish a regulatory water protection corridor at Point 1 paragraph 1 Article 31 of the Water Resources Law, including:

a) The river, the stream, the canal, the incision is the water supply of the living water plant, which produces for the towns, the concentrated settlements, the area, the industrial cluster, the vocational village;

b) The river, stream, channel, interdistrict incision, the interprefecture is the axis of pepper, drainage to the municipalities, the concentrated population, the area, the industrial cluster;

c) Rivers, streams, canals, incision functions, drainage to protect environmental hygiene, reclamation, recovery of contaminated water resources, degradation, depleation in urban areas, residential areas;

d) River, stream, channel, incision attached to the livelihood of the community community living in the river.

5. The bank of the river, stream, channel, incision is the boundary between the natural slope of the bank of the river, the stream, the canal, the incision with the natural ground horizonto. In the river, the river, the canal, the incision is the edge of the shore. The edge of the lagoon, lagoon, pond, natural lake, artificial lake is not a reservoir of hydropower, irrigation due to the basis of the basis for the highest level of water; for the lagoon, the coastal lagoon is determined to be on the basis of the average high tide.

What? 4. The function of the water protection corridor

1. The Water Protection Corridor is set to perform the following functions:

a) to protect the stability of the shore and the chamber, and against the land of the land of water;

b) The room, against activities at risk of polluing, degradation of water;

c) The protection, conservation and development of the aquatic ecosystem, the animals, the natural plant for water;

d) Create space for cultural, sports, fun, entertainment, conservation, and development of values in history, culture, tourism, beliefs related to water resources.

2. The function of the corridors protection corridors at Clause 1 This is determined for the entire corridor or each segment of the corridor at the request of the protection of the water source.

3. The function of the water protection corridor is shown in the Catalogue of Water Sources that must establish a water source and base to determine the scope of the corridors protecting the country as defined by this decree.

What? 5. Principate principle, management of water protection corridors

1. Make sure the requirements for the protection of the water source, at the same time ensure the harmony of rights, the legitimate interests of the organization, the individual is involved.

2. The corridors protecting the water resource are shown on the planning map, the land use plan.

3. Planning, land use planning and other specialized planning must ensure the maintenance, development of the functions of the approved water source protection corridor.

4. The establishment of a water protection corridor must guarantee public, democracy.

What? 6. The behaviors are prohibited within the scope of water protection.

1. Threat behaviors, which undermine the function of the corridors protecting the water source; causing landslides, mudslides, streams, canals, canals, reservoirs, or causing severe damage, the threat to stability, the safety of rivers, streams, canals, reservoirs.

2. Limpression of the land, using unauthorized land protection; using non-purpose land has been approved by the authority.

3. Build new or expanded hospital size, medical facility treating infectious diseases, cemetry, landfill sites, toxic chemicals production facilities, manufacturing facilities, hazardous waste water processing.

Chapter II

SPECIFIC REGULATION

What? 7. The base determines the scope of water protection.

1. The function of the corridors protecting the water source.

2. Geo terrain, geology, hydrology, environment, ecology; conducer, river banks, streams, canals, canals.

3. Land use, economic activity, culture, regional society, and water resources.

4. Specific regulations on the minimum extent of the corridors of water protection at Article 9, Article 10 and Article 11 of this decree.

What? 8. The corridors protect the water supply to hydro reservoirs, irrigation.

1. For hydro reservoirs, irrigation has a capacity greater than one billion cubic meters (1,000,000,000 m) 3 ) or has a capacity from ten million cubic meters (10,000,000 m) 3 ) to a billion cubic meters (1,000,000,000 m) 3 ) But it ' s in the middle of the neighborhood, but it ' s got a national defense, security, security corridor, the water supply lobby is the area from the highway, which has a high level of water, with the highest level of water, with the design of the design to the highway, with the high level of the program. To the surface of the lake.

2. For reservoirs of hydropower, other irrigation, the scope of water protection is the area from the boundary line with the peak height of the dam to the highway with a high degree of discharge from the lake.

What? 9. The corridors protect the water supply to rivers, streams, channels, canals.

1. For the corridors protecting the river, streams, canals, incision functions stipulated at Point A 1 Article 4 of this Decree, the scope of the corridors protecting the state of regulation is as follows:

a) No less than 10 m of the edge from the edge of the bank to the river, the stream, the canal, the incision through the towns, the urban area, or the planning of urban construction, the concentration camp;

b) No less than 05 m is from the edge of the shore to the river, the stream, the channel, the incision that does not flow through the towns, the neighborhoods are concentrated;

c) The case of river, stream, channel, incision, avalanches, or at risk of a landslide, a landslide, the Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee) based on the conducts, landslides, landslides to decide the scope of the virus. the security lobby to ensure the safety of the life, property of the people, to limit the causes of landslides, landslides, protection of the stability of the shore;

d) The case of river, stream, channel, incision has been embankled against landslides, landslides, encroestuation, the Provincial People ' s Committee considered, deciding the scope of the corridor to protect the water source less than the minimum defined at Point a and Point b.

2. For the corridors protecting the river, streams, canals, incision functions stipulated at Point 1 Article 4 of this Decree, the scope of the corridors protecting the state of regulation is as follows:

a) No less than 20 m of the edge from the edge of the bank to the river, the stream, the canal, the incision through the towns, the urban area, or the planning of urban construction, the concentration camp;

b) No less than 15 m from the edge of the shore to the river, the stream, the channel, the incision does not flow through the municipalities, the residential area is concentrated.

3. For corridors protecting the river, streams, canals, incision functions stipulated at Point 1 Article 4 of this Decree, the scope of a water protection corridor is not less than 30 m from the edge of the shore or includes all of the wetlands of the river, streams, canals, canals.

4. For the corridors protecting the river, streams, canals, incision functions stipulated at Point 1 Article 4 of this decree, the Provincial People ' s Committee decided to scope the specific scope of the water source protection corridor.

5. The case of a water source protecting water from two functions or more, the minimum range of the corridor is determined by the function of the wishmost minimum.

6. The case of corridors protecting the state of regulation at 1, Clap 2, Clause 3 and Clause 4 This but in rivers, streams, canals, incision has the daunas, the railways, roads or other infrastructure structures on the edge of the source. The maximum range of water protection corridors does not exceed the corridors of the river or the safety corridor of those works on the shore.

7. The channel case, incision in the irrigation works system, the practice and management of the protection corridor under the rule of law on the protection of irrigation works.

8. The case of rivers, streams, canals, incision lies within the nature of nature conservation, or within the scope of historical, cultural heritage, and in accordance with the laws of nature preservation and the protection of historical, cultural heritage.

What? 10. The corridors protect the water supply to the natural lake, artificial lake in urban areas, residential areas and other water resources.

1. For natural lake, artificial lake in urban areas, residential areas are concentrated; the lake, the large pond with regulatory function in other areas, the range of water protection corridors is no less than 10 m from the edge of the shore.

2. For the marsh, natural lagoon and water resources associated with religious activity, creed, high value in biodiversity, cultural preservation and protection, natural ecosystem development, the scope of water protection corridors less than 30 m from the age of 20 m adjecation. The edge.

3. The case of water resources located in the nature reserve or within the scope of historical, cultural heritage is done by the law of nature conservation and the protection of historical, cultural heritage.

What? 11.

1. Set up a state-based portfolio of protection corridors:

a) The base stipulated at paragraph 1 Article 31 of the Law of Water Resources, stipulated at Article 3 and Article 7 of this decree, the Department of Natural Resources and Environment, in coordination with the District People's Committee, the district, the town, the province, the province (the following is the Committee) The people of the district, a district of the district, set up a catalogue of water resources to establish a protective corridor on the site, taking the initiative of the Department of Agriculture and Rural Development, the Department of Commerce, the Department of Construction and the Department, the relevant sector, the Committee of the Provincial People's Committee.

b) The name of the water resource must set the protection corridor that includes the following main content:

-The name, the administrative boundaries of the lake, the river, the stream, the canal, the incision of the guard corridor;

-The function of the corridors protecting the water.

-The list, the scope for the protection of the water source, must carry out the stipulation in paragraph 1 Article 12, Clause 1 Article 13 of this decree and the order of priority in each phase of the year (05) the year; the specific landmark plan of each year;

c) The Provincial Committee of the Provincial People's Committee considers approval including: The program; the draft Decision to approve the Water Source List must set up a protective corridor accompanied by a Water Source List which must set up protective corridors on the site and other documents that are relevant.

The program must include the following main content: The theory of selection of water resources that must establish a protective corridor; the basis of determining the function of each protective corridor; the process of organizing the Catalogue.

2. The name of the Water Source must set up a security corridor:

a) In the period of no more than fifteen (15) days of work since the date of approval, the Department of Natural Resources and the Environment is responsible for organizing the publication of the Water Source List which must establish a protective corridor on popular media, inform the People ' s Committee. level of the district and public listing at the headquarters of the People ' s Commission, the ward, the town (later known as the People's Committee) where water resources must be established.

b) The approval, the publication of a protected state of water, must be completed in the period of no more than two (02) years from the date of this decree taking effect and periodically five (05) years of consideration, adjustment or adjustment when necessary.

What? 12. Camping the water protection corridor to hydro reservoirs, irrigation.

1. Hydroelectric reservoirs, irrigation with capacity from one million cubic meters (1,000,000 m) 3 ) I ' m going to have to work on the defense of the water.

2. The governing body, which operates the reservoir of regulation at Clause 1 This is chaired, in collaboration with the District People's Committee where the reservoir builds up the corridor of the corridors protecting the reservoir. The corridor of the corridors protecting the hydro reservoir, irrigation must have the following main content:

a) The basic parameters of the reservoir;

b) The status of management, using soil around the reservoir;

c) Define the specific scope of the reservoir protection of the reservoir on the face diagram;

b) Coordinates, the administrative status of the boundaries, the distance of the boundaries on the topographic map ratio 1/ 25,000 to 1/2000;

Human rights, supplies, materials, construction, free movement, field work;

e) Progress on the mark, the boundary table, the execution budget.

3. The procedure, the procedure for the appraisal, approx the corridors of the corridors protecting the water supply to the hydro-water reservoir and the reservoir irrigation reservoir as follows:

a) In the period of ten (10) days of work since the date of receiving the organization's boundary line, the operation of the reservoir, the Department of Natural Resources and the Environment is responsible for review, examination of the methodology. The case has not yet reached the regulation requirement at paragraph 2 This Article, the Department of Natural Resources and Environment informs the organization, the individual managed, operating the reservoir for the addition of completion;

b) During the thirty (30) days of work, since the date of receiving a method of agreement stipulated at paragraph 2 This Article, the Department of Natural Resources and Environment is responsible for the opinions of the Department of Commerce, the Department of Agriculture and Rural Development, the People ' s Committee. The district where the reservoir is, the agencies, the unit is involved; if necessary, the Provincial Committee of the Provincial People's Committee established the Council of Appraisal of the corridors guarding the reservoir.

The Department of Natural Resources and the Environment is responsible for aggregation and management of the management, which operates the reservoir to complete. The management organization, the operation reservoir is responsible for the reception, the interpretation of the opinions, the completion of the profile. In terms of qualifying, the Department of Natural Resources and the Department of the Provincial People's Committee approved the camping project.

4. The gender point plugging has been approved, the governing body, which operates the presiding reservoir, in coordination with the District People 's Committee where the reservoir carries out the station on the field; the landmark table for the People' s Committee where the reservoir is available. management, protection.

5. The deadline for the completion of the corridors protecting the water resources for hydro reservoirs, irrigation is as follows:

a) For the construction reservoir, which has not entered the operation, the table of the boundary must be completed before the implementation of the reservoir water;

b) For the active reservoirs that have not yet performed the prescribed boundary table at the UN Digital Protocol. 112 /2008/NĐ-CP October 20, 2008 on management, protection, extraction of resource synthesis and the environment of hydropower reservoirs, irrigation must complete the table of the boundary in the period of no more than two (02) years for hydroelectric reservoirs, the year (05) years for the lake. contains irrigation since the date of this decree effective.

What? 13. Camping the corridors protecting the water supply to rivers, streams, canals, incision, natural lakes, artificial lakes in urban areas, residential areas and other water sources.

1. The camping of the water protection corridor is carried out for rivers, streams, canals, incision through urban areas, concentrated residential areas, areas, concentrated industrial clusters, villages or urban construction planning, centralized residential areas, districts, clusters, and other areas of the area. Industrial concentration, village fishing; natural lakes, artificial lakes in urban areas, residential areas.

2. Every year, the base on the Catalogue of Water Resources must set up a security corridor, the Department of Natural Resources and the Environment in collaboration with the District People's Committee of the Provincial Committee of the Provincial People's Committee approved a plan to plug the state of the water on the ground and build a building. The project, the budget was detailed after the Provincial People's Committee approved the plan.

3. The corridor to the corridors of water protection has the following main content:

a) Define the specific scope of the corridors protecting the water source on the surface diagram;

b) Coordinates, the administrative location, the distance of the boundaries on the topographic map ratio 1/ 25,000 to 1/2000;

c) The compensation method, the free release, resettlement (if any);

d) The organizational method, the arms mobiles, materials, equipment, manpower, technical solutions for deployment on the scene;

The cost of the cost of the cost;

e) Progress on the mark, table compass.

4. The District People 's Committee of the District People' s Committee of the National Committee of the Organizing Committee of the Organization of the Organizing Community on the field of a national security corridor to protect the water supply has been approved; the corridor of the corridors protecting the water supply to the People's Committee. To manage, to protect.

5. The Department of Natural Resources and Environment has the responsibility of the governor, watching, examining the camping of the corridors protecting the water supply on the site.

What? 14. The business of plugging the corridors protecting the water source

1. The corridor to the corridors of water protection against the reservoir of hydroelectric power, irrigation by the lake, or the reservoir management organization.

2. The corridor to the corridors protecting the water supply to rivers, streams, canals, canals, natural lakes, artificial lakes in urban areas, residential areas and other water resources are guaranteed by the state budget, including local budgets, support from the Central Budget. and is supplemated from the source of money that grants the exploitation of water resources by the rule of law.

3. For locally balanced local budgets, the local budget is self-balancing.

4. Every year, the Ministry of Natural Resources and Environment is in charge of sweeping, aggreging the corridor to protect the water resource due to local offers of support from the central budget and from the revenue source to tap water resources, sending the Finance Ministry to aggregate to the annual budget bill by the rule of the budget legislation.

What? 15. Required for activities in the corridors of water protection.

1. Organization, individual, household household, manufacturing operations, business, service within the scope of the water protection lobby must ensure the following requirements:

a) Not to be caused by landslides, mudslides, streams, canals, canals, reservoirs or severe damage, which threaten stability, safety of rivers, streams, canals, canals, reservoirs;

b) Do not affect the functions of the water resource protection corridor that has been approved by the state agency;

c) Do not adversely affect the landscape, ecological environment within the scope of the water resource protection;

d) Do the measures to protect the water resources by the rule of law.

2. Organization, the individual must have a unified opinion by the text of the Department of Natural Resources and the Environment on the impact on the function of the water protection corridor when carrying out activities in the following water resource protection corridors:

a) Building the warehousing, marinas, ports, bridges, roads, underground structures and other infrastructure structures;

b) San, filling, banks of rivers, streams, canals, canals, irrigation reservoirs, hydropower, natural lakes, artificial lakes, except for the construction of an emergency building, defense, and disaster;

c) Wait, excavate the operation of investigation, geological survey, exploration, mining of minerals, process of building foundations, dry removal of mines;

d) Mining, construction materials.

What? 16. The responsibility of the ministries, across the ministry

1. The responsibility of the Ministry of Natural Resources and Environment:

a) The guide, directing the localities to implement the establishment, the management of the corridors protecting the water according to the provisions of this decree;

b) Check, inspect, dispose of the law of law, manage the corridors, protect the water.

2. The ministry, the relevant peer agency within the scope of the mission, its powers are responsible for coordinating with the Ministry of Natural Resources and the Environment and the Provincial People ' s Commission in the establishment, the management of the water supply lobby.

What? 17. The responsibility of the People ' s Commission

1. Provincial People ' s Committee:

a) Directed by, the organization for construction and approval of the catalogue of water sources must establish a protective corridor on the site;

b) directing the organization of construction, approval and implementation of the plan, the corridor to the corridors protecting the water resources on the site;

c) The propaganda organization, common on the regulation of the management of the corridors protecting water resources on the site;

d) Check, inspect, dispose of the law of the law, conduct the corridors, protect the water on the ground;

The business of setting up a security guard on the site; the budget of the landmark protection corridor at paragraph 2 of Article 14 of this decree in the annual local budget is required by law of the law. Budget.

2. People's Committee of the District:

a) responsible for management, protection of the state of the corridors, protecting the water source; being responsible for the presence of an overcrowing, to use, to use the right to the ground, to use the right of the land, to protect the water of the water on the ground.

b) Command the People ' s Committee on the management of the corridors protecting the water supply on the site;

c) Coordinated with the Department of Natural Resources and Environment in the construction of the Catalogue of Water Resources that must establish protection corridors on the site;

d) Coordinated with the organization, the individual operating the reservoir in the construction of a boundary camping plan that defines the aquarium protection corridors, irrigation on the site and co-ordination of carrying out the boundary on the field after the gender point of plugging is approved. Browse.

In collaboration with the Department of Natural Resources and the Environment and Building Environment, the corridors protect rivers, streams, canals, canals, natural lakes, urban artificial lakes, urban settlements, and other water resources on the site and coordination. I mean, actually, the field after the gender mark was approved.

Chapter III

EXECUTION CLAUSE

What? 18. The transition clause

1. Hospital, medical facility treating infectious disease, cemetry, landfill that fills waste, the basis of toxic chemical production, production facilities, the hazardous wastewater processing that is operating in the corridors of water protection is not extended to scale and must be found. There ' s a measure of control, tightly monitoring of the waste water, the waste before it releases the soil, the water source.

For the facility that is active polluing water resources must have a solution to rectify on the deadline due to the prescribed Provincial People ' s Commission (the case of the facility operating in the internal water resource protection corridor) or by the Ministry of Natural Resources and Environment. (The base of the facility operates in the lobby of the federal, international water supply lobby). Where the facility failed to rectify the polluching status, the Provincial People's Committee, the Ministry of Natural Resources, and the Government of the Prime Minister decided to suspend operation or relocation.

2. For reservoirs of hydropower, irrigation has submitted a protection of the protection corridor before the date of this decree taking effect, and continues to follow the provisions of the Digital Protocol. 112 /2008/NĐ-CP October 20, 2008 on management, protection, extraction of resource synthesis and the environment of hydroelectric reservoirs, irrigation.

What? 19.

1. This decree has been in effect since 1 July 2015.

2. Repeal regulations at paragraph 1 Article 3; Article 6; Clause 3, Clause 4 and paragraph 5 Article 8 of the Digital Protocol 112 /2008/NĐ-CP October 20, 2008 on management, protection, extraction of resource synthesis and the environment of hydroelectric reservoirs, irrigation.

What? 20.

1. The Ministry of Natural Resources and Environment is responsible for the presiding officer, in coordination with the ministries, which is concerned with the implementation of this decree.

2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the People's Committee of the provinces, municipalities of the Central Committee and the organization, personally responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung