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The Decree 201/2013/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Water Resources

Original Language Title: Nghị định 201/2013/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Tài nguyên nước

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THE GOVERNMENT.
Numbers: 201 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 27, 2013

DECREE

Q the details of the details of some of the things L Oh, I All right. c

________________

The Law base. I 25 th Government. Ah! 12 in 2001;

The Law base. I All right, let's go. 1 2/QH 1 3 June 21, 2012;

Follow. Okay. the Minister of Natural Resources and Environment ()

- Pup The government issued a decree to rule out the details of the world. i Some of the rules of the Law of Water. Oh,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree provides for the opinion of the public representation of the residential community in exploitation, using water resources, discharge of wastewater into water resources; basic investigation of water resources; licensing of water resources; money for the power to exploit water resources and transfer. franchisor the water resource; organization of the river basin and the coordinating of the monitoring of mining operations, use, protection of water resources, rooms, combs, and remediation of water damage caused by water on the river basin.

What? 2. Take the idea of representative of the residential community, the organization, the relevant individual in the exploitation, using water resources, discharge sewage into water resources.

The taking of the opinion of the residential community, the organization, the individual involved in the exploitation, the use of water resources, discharge of wastewater into the water supply has a major effect on the production, life of the people on the table by regulation at Article 6 of the Law of Resource. the water is done as follows:

1. The projects that build up the extraction work, using water resources, discharge wastewater into the water supply must take the opinion including:

a) The lake process, the dam has a total capacity of 500 million m3 or more; the extraction process, which uses water with traffic from 10 milliseconds or more;

b) The work of water between water sources;

c) The lake process, which disrupts the natural flow of the river, streams on a fragment of length from one (01) km or more;

d) The wastewater discharge works into water flow from 10,000 m. 3 And the night is come up.

The extraction process, the use of water in the land, has a range of 12,000 meters. 3 And the night is come up.

e) The cases stipulated at this clause if there is a national secret element, it is not required to take an opinion.

2. Time of opinion:

a) In the course of the investment project for the specified case at Point a, b, c and Point D 1 This Article;

b) In the process of exploration to the land-defined water extraction process at the Point of One Article.

3. Information content provided for the organization to take notice including:

a) The design and design of the project-building investment project (feasibility study report) attached to the agency with the authority to define the project;

b) The deployment plan for construction;

c) Progress building progress;

d) Water resource protection measures, ensuring the water for subjects to use at the upper and downstream of the work during construction, operation of construction, time of unoperated work;

The information stipulated at 1 Article 3 of this decree;

e) The figures, other documents related to the extraction, use of water resources, discharge sewage into water resources.

4. The organizing agency took the opinion:

a) the district-level human rights committee, where the internal water source flows through, the organization takes an opinion on the mining work, using the internal water source, discharge the wastewater into the country ' s internal water supply at Point a, c, and Point 1 Point 1 This Article;

b) The Provincial People ' s Committee, where the water supply flows through, the organization takes an opinion on the mining work, using the water supply, discharge wastewater into the federal water source prescribed at Point a, c, and Point 1 This Article;

c) The district-level People ' s Committee, where the internal water resource is transferred, the organization takes an opinion on the water transfer work from the internal water source;

d) The Provincial People ' s Committee, which has a water resource being transferred to the water, held an opinion on the water transfer from the water source;

The civil committee of the district, which envisaged the deployment of a land-based water extraction process, held an opinion on the mining work, using the ground water specified at the Point of Article 1.

5. Viewer for comment:

a) The project master sends the documents, the regulatory content at paragraph 3 This Article to the District People's Committee and the Department of Natural Resources and Environment, for the institution of the organizational body taking the opinion that the Committee of the District or the People's Committee of the Provincial Committee. and the Department of Natural Resources and Environment, for the case of the organizational agency taking the opinion as the Provincial People ' s Committee;

b) The organizational body case takes the opinion as the District People 's Committee, in the thirty (30) days of work, since the date of receiving the recommended petition of the project owner, the Department of Natural Resources and the District Environment is responsible for the granting of the People' s Committee. The district organizes working sessions, meetings with agencies, organizations, individuals who are involved to give opinions on the construction of construction or direct dialogue with the project owner; the sum of the opinion committee the People's Committee sends to the project owner;

c) The organizational body case took the opinion as the Provincial People 's Committee, in the forty (40) days of work, since the date received the recommendation of the project owner, the Department of Natural Resources, and the Environment to help the Provincial People' s Commission organize the organization. work, meetings, or direct dialogue with agencies, organizations, individuals with regard to the idea of construction projects; the general assembly of the Provincial People's Committee submitted to the project owner;

d) In addition to the specified information content at paragraph 3 This, the project holder is responsible for providing the addition of metrics, reports, information about the project if the regulatory bodies at Clause 4 This Article requires and directly report, convince, process at the site. The meetings took the opinion to clarify matters concerning the project.

6. The project owner is responsible for aggregation, reception, accountability of the comments. The document makes and aggregable, the process is the component of the project profile when the grant has jurisdiction, approval, and must be submitted with the case of the state resource licensing offer.

7. Taking the opinion or announcement prior to the project of the specified investment projects at Clause 2, paragraph 3 Article 6 of the Water Financial Law is implemented as follows:

a) For the project to move water from the internal water source:

-The project owner sends an accompanying letter of opinion, water transfer and information, figures, documents related to the People's Committee of the People's Committee, the District People's Committee where the domestic water resources are transferred and the Department of Natural Resources and Environment;

-During the forty (40) days of work, since the date received the recommendation of the project owner, the Department of Natural Resources and Environment, which supports the District People 's Committee, the Social People' s Committee that organizes the working sessions, the meeting with the government. Agencies, organizations that are relevant to the idea of scale, proposed transfer of water or direct dialogue with the project owner; synthesize opinions and submit to the project owner.

b) For the project to transfer water from a federal source of water, the investment project building the lake, the dam on the main line of the watershed basin:

-The project owner sends an accompanying letter of opinion, water transfer, construction of construction, and information, data, materials, documents related to the People's Committee of the provinces where the waters of the country are transferred water or the People's Committee of the provinces. the main flow, the organisation of the river basin and the Department of Natural Resources and Environment;

-In the time of the seven (07) days of work, since the date received the recommendation of the project owner, the Department of Natural Resources and Environment is responsible for sending documents to the departments, departments, departments of the province;

-In the sixes (60) days of work, since the date of receiving the recommended request of the project owner:

+ The river basin organization is responsible for responding by text to the project owner;

+ The Department of Natural Resources and Environment is responsible for organizing work sessions, meetings with departments, departments, provincial stakeholders and organizations, individuals concerned with the opinion of construction or direct-to-face project directly with the project owner. You know, and the People's Committee of the Provincial Committee to send a project on the project.

c) For the lake construction investment project, the dam on the branch of the watershed watershed:

Prior to the deployment of the investment project, the project owner had to announce the scale, the proposed method of building construction for the river basin organization, the People's Committee of the Province of the River Basin.

d) On the basis of the comments, the project owner fine-finer the construction of the organ-based construction project, the authority to grant state jurisdiction, to approve the scale, process of building construction before the investment project.

8. The organizational funding takes the opinion due to the cost of the project.

What? 3. Public Information

The publication of information about the content involved in the exploitation, using water resources, discharge the wastewater into the specified water source at Point b 1 Article 6 of the Water Resource Law is carried out as follows:

1. The specified project owner at Point a, b, c, d and Point 1 clause 1 Article 2 of this decree must publicly publish the following information:

a) For the specified work at Point a, b and Point 1 Article 1 Article 2 of this Decree:

-The purpose of extraction, water use;

-Water mining, use.

-Position of extraction, water use;

-The extraction method, the use of water;

-water extraction, use;

-Time for extraction, use;

-The basic properties of the lake, the dam in the case of the lake building, the dam.

b) For the specified work at Point 1 Article 2 of this decree:

-Waste of sewage.

-Water refuel.

-Waste of sewage.

-Traffic, sewage discharge.

-The digital limit and the concentration of pollutants in the wastewater.

c) For the subsoil water extraction work specified at the Point 1 clause 1 Article 2 of this decree:

-The purpose of extraction, water use;

-The location of the extraction of water.

-The floor contains the extraction water, the depth of extraction.

-Total mining wells;

-Total extraction, use;

-The extraction mode.

-Time for extraction, use.

2. The publication of the information is done in the following forms:

a) Information on the mass media of the Committee of the People's Committee of the districts and the electronic information pages of the People's Committee of the provinces specified in paragraph 3 Article 2 of this decree;

b) Thirty (30) days of work prior to the launch and during construction work, the project owner publicly listed the specified information at Clause 1 This Article at the District People's Committee, the People's Committee, and at the site of the construction site.

What? 4. National Council for Water resources

1. Founded the National Council on Water resources to advise the Government, the Prime Minister in key decisions on the country's resources of duty, the powers of the government, the Prime Minister.

2. The National Council on Water Resources led by a Deputy Prime Minister as Chairman of the Council; Minister of Natural Resources and Environment as Vice President of the Council; Council commissioners are the leader representatives of ministries, industry, agencies, organizations are concerned, due to the financial ... Chairman of the Board. The Ministry of Natural Resources and Environment is the Permanent Authority of the Council.

3. Help the National Council of Water Resources with the Office of the National Council on Water Resources at the Ministry of Natural Resources and Environment. The organization and operation of the National Council Office on Water resources provided by the President of the Council.

4. The Prime Minister provides for the mandate, the powers of the National Council on Water resources.

What? 5. River Basin Organization

1. The river basin organization is organized and operates under the regulation of the interdisciplinary organization.

The river basin organization is responsible for proposing, petit with the state agency with the authority to regulate, distribute water resources, monitor mining operations, use, protect water resources, defense, prevention and remediation of water-caused harm. on one or some of the watershed basins.

2. The Prime Minister decides the establishment of the Hong-Pacific River Basin, the Mekong River (Mekong), at the suggestion of the Minister of Natural Resources and the Environment.

3. The Minister of Natural Resources and Environment established river basin organizations for other watershed basins in accordance with the provisions of Article 2 of this Article, at the suggestion of the Chief Minister of the State Administration of the Ministry of State for Water Resources.

Chapter II

THE BASIC INVESTIGATION OF THE WATER RESOURCES

What? 6. Responsibility for investigation, assessment of water resources

Responsibility for the implementation of the investigation, evaluation of the specified water resource at paragraph 2 Article 12 of the Law of Water Resources is as follows:

1. The Ministry of Natural Resources and Environment carried out the investigation, evaluating water resources for international water sources, domestic water resources; aggregation of the results of the investigation, evaluating water resources on the watershed basins and on the scope of both countries. Water.

2. The provincial People ' s Provincial Committee performs the investigation, evaluating water resources for internal water resources, domestic water resources on the site; aggregation of the results of the investigation, evaluating water resources on the provincial river basins, on the site and in the country. send results on the Ministry of Natural Resources and Environment to sum up.

What? 7. Water resources

1. The examination of water resources is most unionated across the country, periodically in the year (05) per year, in accordance with the economic-economic development plan of the country.

2. Water resource inventory responsibility:

a) The Ministry of Natural Resources and Environment, in coordination with the ministries, the relevant peer-to-peer agency, plans to inventory the water resources on the country, the Prime Minister approved; the organization of water resources for water resources. intercountry, the federal source of water; aggregate, publish the results of the inventory on the river basins and across the country;

b) The Provincial People ' s Provincial Committee organizes water resources for internal water resources; aggregation of the inventory results of the internal river basins, water resources on the site and sending the Ministry of Natural Resources and Environment to synthesis;

c) The ministry, the horizontal body within the scope of the mission, its powers are responsible for coordinating with the Ministry of Natural Resources and the Environment, the Provincial People ' s Commission in the implementation of the water resource inventory.

3. The Ministry of Natural Resources and Environment, the audit manifest, reports the results of the water resource inventory.

What? 8. Investigation of mining status, using water resources, discharge of sewage into water resources.

1. The responsibility of investigating the extraction status, using water resources, discharge wastewater into water resources:

a) The ministries: Trade, Agriculture and Rural Development, Construction, Transport, Culture, Sports and Tourism and ministries, peer-to-peer agency, are concerned within the scope of the mission, its powers organized to carry out the investigation, the report of the situation. using the industry ' s water, the field of sending the Department of Natural Resources and Environment to General;

b) The Ministry of Natural Resources and Environment is investigating water resource extraction, wastewater discharge into water resources for interprovincial water resources, federated countries; aggregation of extraction status quo, use of water resources, sewage discharge into the water. the water on the basins of the rivers and the rivers, and throughout all the water;

c) The Provincial People ' s Committee within the mandate range, its powers are responsible for investigating the exploitation status quo, using water resources, discharge of wastewater into the water supply to internal water sources, water resources on the site; the combined census results. Extraction, water resource use, sewage discharge into the water supply on internal river basins, on the site, and sending the Department of Natural Resources and Environment to synthesis.

2. The Ministry of Natural Resources and Environment, the census, the investigative content, and the self-implementation of the investigation, the use of water resources, the discharge of the wastewater into the water source.

What? 9. Water resources

1. Water resource monitoring station network includes:

a) The Central China ' s observational station network consists of rain-monitoring stations; traffic observational stations, water levels, water quality of the international water sources, the federation and of important internal water sources, coastal waters; and other stations in the country. watermark, the water quality of the stratiable water straties or of great potential;

b) The local geodetic station network consists of rainfall monitoring stations; traffic monitoring stations, water levels, water quality of surface water sources, water on the ground on the ground and must be connected to the Central Central network of stations.

2. The Ministry of Natural Resources and Environment, in collaboration with the Provincial People's Committee, organizes the planning of a network of water resource monitoring stations across the country, the Prime Minister approved.

3. Water planning network planning water, Ministry of Natural Resources and Environment for construction, management and implementation of water resource observations on the Central Station network of observational stations; the Department of Natural Resources and Environment, management and the implementation of water resource observations on the local water resource monitoring network.

4. The Ministry of Natural Resources and Environment, the regulatory regime of water resources specified at this.

What? 10. Build and maintain a warning system, flood forecasts, floods, droughts, saline penetration, rising sea water and other harm caused by water.

1. The warning system, flood forecasts, floods, droughts, salinities, rising seas, and other harmful water impacts are built on each river basin and must be jointly integrated into the unified system in the information system, the resource database. Water.

2. Ministry of Natural Resources and Environment:

a) Construction and maintenance of the warning system, flood forecasts, floods, droughts, salinities, rising seas, and other harm caused by water on the country;

b) Do the warning, forecast, provide and secure information, room service data, flood protection, flooding, drought, saline intrusion, rising sea water and other harm caused by water caused by the law of water resources, law on the chamber, anti-government, anti-war flood, storm, prevention and mitigation of natural disasters.

3. Ministry, peer-to-peer agency, Provincial People ' s Committee, Room for Defense, Anti-flood, Floods, Drought, Saltwater Intrusion, Rising Sea Water, and Other adverse impacts caused by water, construction of the warning system, forecast for service of the Ministry, industry, local.

What? 11. The information system, the water resource database

1. Information systems, water resource databases include:

a) Information system, national resource database;

b) Information system, local water resource database.

2. The responsibility of the ministries, peer agencies and the Provincial People ' s Committee:

a) The Ministry of Natural Resources and Environment regulates data sets, data standards; construction organizations, information systems management, national resource databases, and extraction, information sharing, data on water resources;

b) The Ministry of Agriculture and Rural Development, Ministry of Commerce, Ministry of Construction and ministries, the relevant peer-to-peer agency within the scope of the mission, its powers are responsible for organizing construction, management, mining of database on its use of water and integration. into the information system, the national resource database;

c) The Provincial People's Committee organizes construction, management, exploitation of information systems, local water resource databases, and integration into the information system, national resource databases.

What? 12. Water resource usage report

1. Every year, ministries: Trade, Agriculture and Rural Development, Construction and ministries, peer-to-peer agency, the Provincial People ' s Committee within the mandate of powers are responsible for reporting its use of water use and sending the Ministry of Finance to the Ministry. And the environment before 30 January next year, to sum up, to monitor.

2. The Ministry of Natural Resources and Environment rules the report using water resources.

Chapter III

PROTECTION, EXPLOITATION, USE OF WATER RESOURCES

What? 13. Plant reforestation lost and contributes to funding for protection, forest development and ...

1. The Ministry of Agriculture and Rural Development is responsible for regulating the cultivation of lost forest covers.

2. The Ministry of Finance chaired, in collaboration with the Ministry of Agriculture and Rural Development, the Ministry of Natural Resources and Government Environment specifies the funding contribution to forest protection activities within the reservoir basin range and the participation of the protection activities, development and development. The head of the forest.

What? 14. Water Exploration

1. Before the construction of the underwater water extraction work, the project owner must carry out exploration to assess the reserves, quality, extraction capacity and must have a probe permit, except for the extraction cases, which use water under the ground not to apply for permission.

2. Organization, the individual who execs the underwater water probe to meet all conditions of water-based water drilling by the Ministry of Natural Resources and Environment and must be granted by the state authority to grant permits to practice water drilling under the ground.

3. In the process of exploration, organization, individual execs of underwater water exploration have a duty:

a) Make safe safeguards for the person and the exploration process;

b) Secure the room, the drop, the soil subsiduation, the saltwater intrusion, pollution of the reservoirs;

c) Truding, filling the well or not using after the end of the poll;

d) Perform other measures to protect the groundwater, protect the environment.

4. The topic of the poll is obligated:

a) Coordinate with the organization, the individual who execs the water probe under the test soil, supervising the implementation of the regulations at Section 3 This, if there are violations of the detection, stop the probe.

b) The case of the incident must be overcome in time. If the damage is done, it shall be compensated according to the law;

c) The blisters report the results of the probe to the reception agency, which specifies the specified profile at Article 29 of this Decree.

What? 15. Water resource license

1. Water resource licenses include: Water exploration permits; mining permits, water use; extraction permit, land water use; extraction permit, water use; water discharge permits.

2. Water resource licenses have the following main content:

a) Name, address of the organization, individual licensee;

b) The name, the location of the exploration, the extraction of water, discharge of sewage into the water;

c) The source of exploration, exploitation, water sources receiving sewage;

d) The scale, capacity, traffic, the principal parameters of the exploration work, water extraction, sewage discharge; the purpose of use for the extraction permit, water use; and the use of water;

The regime, the extraction method, the use of water, discharge of sewage;

e) The duration of the license;

g) The requirements, specific conditions for each case of exploration, exploitation, use of water resources, discharge of wastewater into the water supply provided by the regulatory authority for the purpose of protecting water resources, ensuring the legal rights and interests of institutions, individuals and others. It ' s different.

) Rights, the duty of the license holder.

What? 16. The mining cases, which use water resources, discharge sewage into non-registered water resources, not ask for permission.

1. The mining cases, which use regulatory water resources at points a, c, d, and Section 1 Article 44 of the Water resource law that are not under the prescribed case at paragraph 2 Article 44 of the Water Financial Law.

2. The mining cases, which use water resources with a small scale for manufacturing, business, regulatory services at Point b 1 Article 44 of the Water Financial Law include:

a) The groundwater extraction for manufacturing activity, business, service with scale does not exceed 10 m (10 ft) 3 /day night does not belong to the specified case at paragraph 2 Article 44 of the Water Resource Law;

b) Water mining for agricultural production, aquacal farming with scale does not exceed 0.1 m. 3 Here.

c) Water mining for business purposes, services and non-agricultural production does not exceed 100 m (100 ft). 3 /day of night;

d) Mining, using surface water for power to power with installed machinery not exceeding 50 kW;

) Exploitation, using seawater serving manufacturing, business operations, land services, with a scale not exceeding 10,000 m. 3 /nighttime; exploitation, use of seawater serving sea operations, islands.

3. The cases do not have to apply for the discharge of wastewater into the specified water source at paragraph 5 Article 37 of the Water Resource Law including:

a) The wastewater of the individual, the household;

b) The wastewater of manufacturing facilities, business, services with scale does not exceed 5 m3/day of night and does not contain toxic chemicals, radioactive substances;

c) The wastewater of the manufacturing facility, the business, the non-case service stipulated at this point b-point to the collection system, the centralized wastewater treatment that the system has been granted by the state authority to grant the discharge of wastewater discharge into the water supply. And there ' s a deal or contract, sewage consumption, organization, individual management, revenue collection, sewage treatment, and so on.

d) The wastewater fed aquacroco with a scale does not exceed 10,000 m 3 /day night or farming aquacoproducts at sea, rivers, streams, reservoirs.

What? 17. Register of underwater water extraction

1. Organization, individuals who exploit the water under the land of the specified case at Point A 2 Article 16 of this decree and the specified cases at Point a and Point 1 Article 44 of the Water Financial Law that are located in the specified area at Points b, c, d. And the Section 4 Point 52 of the Water Financial Code must do the registration of water extraction.

2. The Provincial Committee of the Provincial People's Provincial Committee, announced the area to register the water under the ground; specifically the authority to organize the registration of the land in the land on the ground.

3. The Ministry of Natural Resources and Contracting Environment is required to register groundwater mining, file regulation, sequence, and registration procedures under the soil.

What? 18. licensing principle

1. The right authority, the right subject and the sequence, the procedure by the rule of law.

2. Secure the interests of the state, the right, the legitimate interests of the organization, the individual is involved; protect the water resources and protect the environment according to the rule of law.

3. Preference to the licensing of exploration, exploitation, use of water resources to provide water for the living.

4. Not depleted, pollution of water when carrying out exploration, exploitation, use of water resources, discharge of sewage into water resources.

5. In accordance with the approved water resource planning.

What? 19. licensing base

1. The licensing of water resources must be on the basis of the following bases:

a) Strategy, economic development planning-the society of the nation, industry, region and locality;

b) Water resource planning has been granted jurisdiction; the unplanned case of water resources must be grounded in the ability of water and must be guaranteed not to run out of water, pollution of water;

c) The extraction status, the use of water in the region;

d) The state agency ' s appraisal report has jurisdiction over the exploration and exploration licensing records, which exploit, use water resources, discharge wastewater into the water source;

The need for extraction, water use, sewage discharge is present in the licensing application.

2. The licensing case discharge of wastewater discharge into the water source, in addition to the specified bases at Clause 1 This is also based on the following regulations:

a) Standards, the national technical regulation of waste water quality, the quality of the water supply to wastewater; environmental protection requirements for wastewater discharge activity have been approved by the state authority;

b) The function of the water source;

c) the ability to receive wastewater of water resources;

d) The protected area protects the living water, the corridors protecting the water.

3. The case of the licensing of exploration, exploitation, use of groundwater, in addition to the prescribed bases at Clause 1 This is also based on the provisions at Clause 4 and Clause 5 Article 52 of the Water Financial Law.

What? 20. licensing conditions

The organization, the individual who is granted a water resource license must meet the following conditions:

1. Made the announcement, taking the opinion of the representative community of the population, the organization, the individual concerned by the regulation of this decree.

2. There is a proposal, the report in accordance with the water resource planning that has been approved or in accordance with the ability of water resources, the ability to take on the wastewater of the water source if there is no water resource planning. The project, which report must be held by the organization, is personally qualified by the provisions of the Ministry of Natural Resources and Environment; information, the number of uses to create the project, the report must fully secure, clear, accurate and honest.

The method, the waste water treatment, expressed in the scheme, which reported discharge of wastewater into the water supply must ensure wastewater is processed to standard, technical regulation; process design methods or water resource extraction work must be consistent with the water supply. scale, the exploitation object, and response to the protection of water resources.

3. For the case of discharge discharge into the water source, in addition to the specified conditions at Clause 1 and Clause 2 This, the following conditions must be met:

a) There is a device, manpower, or contract to lease the organization, the other individual is able to do the operation of wastewater treatment systems and to observe wastewater activity on the case that there has been a wastewater discharge;

b) There is a device layout method, the manpower to carry out the operation of wastewater treatment systems and the observation of wastewater discharge activity on the absence of sewage discharge work;

c) For the case of wastewater discharge at the point of 1 Article 2 of this Decree, there must be a method, means, equipment required to respond, rectify the incident of water pollution and carry out the monitoring of the prescribed sewage discharge.

4. For the case of extraction, use of underwater water with a scale of 3,000 m 3 /nighttime or more, in addition to regulatory conditions at Articles 1 and Clause 2 This, there must be equipment, manpower, or contract lease, individuals with sufficient capacity to exercise observational practices, monitoring activities in accordance with regulation; in case. There ' s no construction, yet there has to be a device for the device, the workforce, the monitoring of water mining operations.

5. For the case of exploitation, use of water-built surface water, dams on the river, the stream must meet the regulation requirements at Point 2 Article 53 of the Water Financial Law, the stipulation condition at Clause 1 and Clause 2 This and the following conditions:

a) There is a device layout method, the manpower to operate the reservoir, the observation, the monitoring of mining operations, the use of water; meteorological observation, hydrology, water forecasting organization to the lake to serve as prescribed reservoir operations for the case. There is no construction yet.

b) There is a reservoir operation process; there is equipment, manpower, or has a lease of the organization, the individual has the capacity to carry out the operation of reservoirs, observations, monitoring operations monitoring, water use, meteorological observations, hydrology and water forecasts. to the lake to serve a prescribed reservoir operation for the case already in the process.

What? 21. The duration of the license

1. The duration of the water resource license is specified as follows:

a) The extraction permit, which uses surface water, seawater has a maximum minimum of fifteen (15) years, a minimum of five (05) years and is considered to be renewed several times, each time the minimum being three (03) years, maximum is ten (10) years;

b) Under-land water exploration permit is two (02) years and is considered to renew one (01) times, time extension is not more than one (01) years;

c) The extraction permit, which uses a maximum of ten (10) years of soil water, is a minimum of three (03) years and is considered to be renewed several times, each time the minimum being two (02) years, a maximum of five (05) years;

d) The discharge of wastewater discharge into a water source has a maximum duration of ten (10) years, a minimum of three (03) years and is considered to be renewed several times, each with a minimum of two (02) years, a maximum of five (05) years.

In the event of the organization, the individual suggests granting or renew the license with a shorter deadline than the specified minimum deadline at this paragraph, the license is issued or renewed under the recommended deadline of the application.

2. The condition base of each source of water, the level of detail of information, the number of inquiry, the evaluation of the water resources and the proposed record of the organization or extension of the organization's license, the individual, the licensing authority that specifically determines the term of the license.

What? 22. Renewal of license

1. The extension of the exploration permit, exploitation, use of water resources, discharge of wastewater into the water supply must be based on the regulations at Article 18, Article 19 and Article 20 of this Decree and the following conditions:

a) The license remains in effect and the filing offer to renew the license that is submitted before the time of the license expires at least ninety (90) days;

b) By the time of the extension, the organization, the licensee granted full completion of the obligations relating to the permit was granted under the rule of law and without dispute;

c) At the time of the proposed extension of permits, the extraction plan, the use of water resources, the discharge of wastewater into the organization's water resources, the individual in accordance with the water resource planning, the ability to respond to water resources.

2. For another case with the regulation at Point A 1 This is the organization, individual exploration, exploitation, use of water resources, discharge of wastewater into the water source must set up a new license to issue a new license.

What? 23. The license adjustment

1. The cases regulating the water exploration permit under the soil:

a) The faceside condition that does not allow the execution of several categories in the poll project has been approved;

b) There is a difference between the actual hydrophysical geological structure and the expected hydrolated geological structure in the poll project that has been approved;

c) The volume of polling category changes exceeds 10% compared to the approved volume.

2. The cases that regulate the extraction permit, use water resources:

a) The water source does not guarantee normal water supply;

b) The need for extraction, use of increased water without a treatment, adds water resources;

c) The emergency situations need to restrict the extraction, use of water; and

d) Water mining, soil subsidination, ground deformation, saltwater intrusion, depleted, severe pollution of water;

The actual amount of water mined by the license holder is 70% less than the amount of water permitted during the period of twelve (12) months of continuous without notice of the reason for the licensing authority;

e) The offer is recommended to adjust the contents of the license other than the provisions of Article 4 of this.

3. The cases regulating the discharge of wastewater discharge into water resources:

a) The water source is no longer able to accept wastewater;

b) The need for discharge of sewage increases without treatment, remedied;

c) The emergency situations need to limit the discharge of wastewater into the water source;

d) Due to the conversion of water resources;

The license offers to adjust the contents of the license other than the provisions of Article 4 of this.

4. The contents in the license are not modified:

a) The water source of the extraction, the use; the source of water that receives sewage;

b) The amount of water mined, using exceeding 25% of the regulation in the license has been granted;

c) The amount of discharge that exceeds 25% of the regulation in the license has been granted;

d) The parameters, the concentration of pollutants, the regulation of regulation in the wastewater discharge permit, except the case of the licensing authority that requires the regulation or the license holder to apply to a higher standard level.

The case needs to adjust the specified content at this paragraph, the license holder must set a new license-level case.

5. The license holder of a license to adjust the license, the license holder must set a permit to adjust the license under the provisions of this decree; the licensing of the license to regulate the license, the licensing authority must inform the owner of the permit. before at least ninety (90) days.

What? 24. Suspation of the validity of the license

1. The suspended license is valid when the license holder has one of the following violations:

a) Violation of the prescribed content in the license for contamination, deploration of water resources;

b) Transfer of the power to exploit the water resources without the authority granted the authority to grant approval;

c) Do not implement the specified financial obligation;

d) Use the license to organize the unauthorized operation of the law.

2. The deadline of suspension of the license:

a) No more than three (03) months for water exploration permits;

b) No more than twelve (12) months for the extraction permit, use of water resources, discharge sewage into water resources.

3. During the time of the suspension of the suspended license, the license holder does not have the rights involved in the license and must have a remediation, compensation of damages (if any) according to the rule of law.

4. At the end of the suspension of the validity of the license the licensing body has no other decision, the license holder is continued to exercise its rights and obligations.

What? 25. License recovery

1. The recovery of the license is made in the following cases:

a) A license to be detected by the forgery of a document, unfaithful prescribation of content in the filing of a license or repair of the license, or a correction of the contents of the license;

b) The organization is the subject of dissolution of the dissolved or condemned by the court; the individual is the suspended license holder, which is declared dead by the court, which has lost the capacity of civil action or was declared missing;

c) a violation of the decision to suspend the validity of the validity of the license, resin or violation of multiple times the provisions of the license;

d) The license granted is not correct jurisdiction;

When the state agency has the authority to decide to revoking the license for defense, security or for national interest, public interest;

e) The license has been issued but the license holder does not take the financial obligation and receive the license.

2. The case of a revoked license stipulated at Point a, Point 1 This Article, the license holder is only considered to grant a new license after three (03) years, since the date of the license revoked after having fully implemented the obligations concerning the recovery of the paper. It's old

3. The case of a revoked license stipulated at the Point of Clause 1 This Article, the state agency has a licensing authority to consider the granting of a new license.

4. The case of a revoked license stipulated at the site of Article 1 This permits the state to be damaged by the state of compensation, reimbursable money for the exploitation of water resources by the rule of law.

What? 26. Return the license, terminate the validity of the license

1. The water resource license has been issued but the license holder is not used or without the next use, the right to return to the licensing authority and to inform the reasons.

2. The license is terminated in effect in the following cases:

a) License revoked;

b) License expired;

c) The license has been returned.

3. When the license is terminated, the rights associated with the license are terminated.

What? 27. Level the license again

1. The license is issued in the following cases:

a) The license is lost, torn apart, damaged;

b) The name of the license holder has been granted change due to the transfer of the concession, the merger, the split, the restructuring organization that changes the management, the operation of exploration, exploitation, use of water resources, discharge of wastewater into the water resource but without the change. change the other contents of the license.

2. The deadline for the record in the license to be granted is the remaining time under the license that was granted earlier.

What? 28. Level authority, extension, regulation, suspension of force, recovery, and level of water resource license

1. The Ministry of Natural Resources and Environment, renew, adjust, suspend the force, recover and regrant the license to the following cases:

a) Mining, use of water resources for national key works under the approval of the Prime Minister ' s approval;

b) The exploration, mining of groundwater for the work of 3,000 m3/day or night;

c) Mining, use of water for agricultural production, aquacal farming with the flow of 2 m 3 /second upward;

d) Mining, use of the surface water to power with the installed capacity of 2,000 kw or more;

Mined, using surface water for other purposes with a flow of 50,000 m. 3 And the night is come up.

e) Mining, use of seawater for manufacturing purposes, business, service with traffic from 100,000 meters per day. 3 And the night is come up.

g) The wastewater with the flow of 30,000 m 3 /nighttime for aquacowork;

h) The sewage water with the flow of 3,000 meters. 3 /nighttime for other activities.

2. Provincial People's Committee, renew, adjust, suspend the effect, recover, and grant licenses to unregulated cases at 1 Article.

What? 29. Agency for adoption and management of records, licenses

The agency receives and manages the case, the license (later known as the case reception agency) consists of:

1. The Department of Water Resource Management in the Ministry of Natural Resources and Environment is responsible for receiving, appraisal and management of records, licenses under the licensing authority of the Ministry of Natural Resources and Environment.

2. The Department of Natural Resources and Environment is responsible for receiving, appraisal and management of records, licenses under the licensing authority of the Provincial People ' s Commission.

What? 30. Level records, renew, adjust the contents of the water exploration permit contents.

1. The filing of the proposed underwater water exploration license includes:

a) A license to grant a license;

b) The underwater water exploration project for the work is scale from 200 meters. 3 /night to night; the probe design for the construction has a scale of more than 200 m 3 /night.

2. The filing recommended for the extension, which regulates the water exploration license contents of the soil including:

a) A proposed extension or adjustment of license content;

b) The situation report implementation of the regulations in the license;

c) The license copy was granted.

3. The Ministry of Natural Resources and Environment, which regulates the application, content report rules at this.

What? 31. Level records, renew, regulate the content of mining permits, using water under the soil.

1. The profile offers to grant the extraction permit, using the water under the soil including:

a) A license to grant a license;

b) A map of the area and the location of the work of the waters of the water;

c) The results of the poll results assessment of the water reserves under the mining method for the construction of scale from 200 m. 3 /night or night or report the results of the extraction of mining wells on a scale of less than 200 m. 3 /nighttime in the absence of a mining work; reports of exploitation to the case of underground water extraction work;

d) The analysis of the quality of water resources is not more than six (06) months as of the time of filing.

In the absence of land-based water extraction, the records offer a license to submit in the investment phase.

2. The filing of the extension, which regulates the extraction permit, uses underwater water including:

a) The application to renew or regulate the license;

b) The report of the extraction status, the use of water and the situation to implement the license. The case that regulates the license is related to the scale of the work, the number of wells mined, the extraction level must specify the water extraction method;

c) The analysis of the quality of water resources is no more than six (06) months as of the time of filing;

d) the license copy was granted.

3. The Ministry of Natural Resources and Environment, which regulates the application, is subject to regulation in this.

What? 32. High profile, extension, regulation of mining license content, use of water, sea water and water.

1. The filing recommended issuing a mining license, which uses surface water, sea water including:

a) A license to grant a license;

b) The mining project, which uses water for the absence of a mining work; the report of the extraction status, the use of water with the operation process for the case already has the extraction work (if the specified case must have a transport process). ();

c) The analysis of the quality of water resources is no more than three (03) months as of the time of filing;

d) Map of the water extraction works.

In the absence of a water-based, seawater-based, permit-issued record required to be submitted in the first phase of investment.

2. The filing offers to renew, regulate the extraction permit, use of water, sea water including:

a) The application to renew or regulate the license;

b) The report of the extraction status, the use of water and the situation to implement the license. In the case of process regulation, the method, the extraction mode using water, the process of operating the work must be accompanied by the extraction of water;

c) The analysis of the quality of water resources is no more than three (03) months as of the time of filing;

d) the license copy was granted.

3. The Ministry of Natural Resources and Environment, which reports the content of the project specified in this.

What? 33. High profile, extension, regulation of wastewater discharge permits to the source of water

1. The filing recommended that the discharge of wastewater discharge into water resources include:

a) A license to grant a license;

b) The project to discharge wastewater into the source of water accompanied by a wastewater treatment system to the case of an undischarged water discharge; the report of wastewater discharge is accompanied by a wastewater treatment system operating system for the discharge of wastewater treatment. the water.

c) The results of the analysis of the source quality of the water source at the discharge of the wastewater discharge into the water source; the results of the analysis of the waste water quality before and after treatment for the case is discharge of waste water. The time for sample analysis of water quality is not too much of three (03) months as of the time of filing;

d) The location of the wastewater discharge area.

In the absence of a wastewater discharge, the file recommended that the licenses be filed in the investment phase.

2. The filing recommended extension, which regulates the wastewater discharge permit into the source of water including:

a) The application to renew or regulate the license;

b) The results of the analysis of the waste water quality and the quality of water resources take place at the wastewater discharge site into the water source. The time for sample analysis of water quality is not too much of three (03) months as of the time of filing;

c) The report of the discharge of wastewater and the situation that implement the regulations in the license. In the case of scale adjustments, methods, sewage discharge mode, the operation is a waste of waste.

d) the license copy was granted.

3. The Ministry of Natural Resources and Environment, which regulates the application, content report rules at this.

What? 34. Water resource license records

1. The application to grant the license again.

2. The document proves that the offer is granted.

3. The Ministry of Natural Resources and Environment provided the prescribed form at this.

What? 35. The procedure, the procedure to license exploration, exploitation, use of water resources, discharge sewage into water resources.

1. Continue and check the profile:

a) The organization, personally recommended to grant the filing of two (2) files and file charges in accordance with the provisions of the law for the agency to receive the case. Cases under the licensing authority of the Ministry of Natural Resources and Environment, organization, individuals recommend licensing must also submit an additional (01) a case set for the local Department of Natural Resources and Environment.

b) During the ten (10) days of work, since the date of the filing, the agency receives the case responsible for review, check records. Case case is not valid, the agency receives a notification profile for the organization, the individual recommended the licensing to supplement, complete the prescribed profile.

The case case after an additional, which still does not respond to a specified request, the agency receives the case returns the case and explicitly announces the reasons for the organization, the individual recommended the permit.

2. The proposed appraiseplan, exploration, exploitation, use of water resources, discharge of wastewater into the water source in the licensing of the licensing offer (the following is generally the case, the report):

a) During the thirty (30) days of work, since the date of receiving sufficient valid records in accordance with Article 1, the agency recepts responsibility for appraisal of the project, the report; if necessary, the actual examination of the scene, the jury, is recommended. Case, report. In case of licensing, the agency recepts the agency's file to grant licenses; the case is not eligible for licensing, which returns the profile to the organization, the individual recommended the licensing and notification of unlicensed reasons;

b) The case must complement, edit to complete the project, report the document to the file that sends a message to the organization, the individual recommended the licensing of the content needed to add, complete the project, report. The additional time, fining or resetting the project, the report does not count on the time of the appraisal of the project, the report. The period of appraisal after the project, the complete supplemated report is twenty (20) working days;

c) The case has to re-establish the project, the report, the receiving agency that sends a message to the organization, the individual recommended the licensing of the subject matter, the report has not yet reached the request, to do it again and return the licensing offer.

3. Pay the results of licensing records

During the period of the year (05) the day of work, since the date of receiving the license of the competent authority, the agency receives a notice of notice to the organization, the individual recommended the licensing to carry out the financial obligations and receive the permits.

What? 36. The sequence of the procedure to renew, adjust, grant exploration permits, exploit, use water resources, discharge wastewater into the water supply of water.

1. Continue and check the profile:

a) The organization, the individual recommended the extension, the adjustment, the licensing of the license (later called the organization, the individual) file two (2) the case file and the filing of the case appraisal in accordance with the law's provisions for the case reception agency. Cases under the licensing authority of the Ministry of Natural Resources and Environment, organization, individual must submit an additional (01) case set for the local Department of Natural Resources and Environment.

b) During the year (05) days of work, since the date of the filing, the agency receives the case responsible for review, check records. Case case is not valid, the agency receives a notification profile for the organization, the individual to complete the prescribed profile.

The case case after a complete addition is still not responding to the prescribed requirement, the agency receives the case back to the organization, the individual, and the announcement of the reason.

2. The proposed appraisor, report to the case of extension, which regulates the license:

a) In the twenty-five (25) days of work, since the date of receiving sufficient valid records in accordance with Article 1, the agency recepts responsibility for appraisal of the project, the report, if the actual examination of the field is required, the jury is recommended. Case, report. Eligible for extension, license adjustment, licensing authorities. The case is not eligible to renew, regulate the license, the agency recepts the case to return records to the organization, the individual and the reason not to renew, regulate the license;

b) The case must complement, edit to complete the project, report, the receiving agency to send a text message to the organization, the individual stating the contents that need additional, fining the project, the report. The additional time, fining or resetting the project, the report does not count on the time of the appraisal of the project, the report. The period of appraisal after the project, the complete supplemated report is twenty (20) working days;

c) The case has to re-establish the project, the report, the receiving agency that sends a text message to the organization, the individual to specify the subject matter, the report has not yet reached the request, to do it again and return the profile.

3. Case appraiseaction against the license-grant case:

In the ten (10) days of work, since the date of receiving a valid valid file in paragraph 1 Article, the agency receives the case that is responsible for the appraisal of the case, if eligible for the license to grant a license, the agency has a licensed authority. The case is not eligible, the agency receives records for the organization, the individual, and the reason for the reason.

4. Pay the results of the licensing profile:

During the period of the year (05) the day of work, since the date of receiving the license of the competent authorities, the agency receives notification of notification for the organization, the individual to carry out the financial obligations and receive the permits.

What? 37. Presentation, procedure of suspension of license on water resources

1. When issuing a license holder has rules of regulation at paragraph 1 Article 24 of this Decree, the competent authority to issue a license to consider the suspension of the validity of the license.

2. Base to the extent of the violation of the license holder, the extent of the effect of suspension of permits to the production and life activities of the people in the region, the licensing authority granted the deadline to suspend the validity of the permit.

3. The license-granting authority may consider shoring the suspension of the validity of the license when the license holder has recused the consequences related to the reason for the suspension of the license and the completion of obligations under the law.

What? 38. The procedure, procedure recovery procedure on water resources

1. When performing a test work, a periodic inspector or a break-up of a permit, if the specified cases are detected at Point a, Point 1 Article 25 of this Protocol then the authority has the authority to check, the inspector is responsible for reporting. in writing for the licensing body; if the specified cases are found at Point c, Section D 1 Article 25 of this Decree, then the agency has the authority to check, the inspector processing under jurisdiction, and also report by text to the licensing body.

In the thirty (30) days of employment since receiving the report, the licensing authority is responsible for considering the recall of the license.

2. For the case the state agency has the authority to decide to revoking the prescribed license at the Point 1 Point 1 Article 25 of this Decree then must inform the owner of the knowledge before the ninety (90) days.

3. For the case of a revoked license in accordance with the Regulation 1 Article 25 of this Decree then in the thirty (30) days of work since the date of receiving the report of the reception, the licensing of the permit, the licensing body is responsible. It's a warrant for the recovery of the license.

What? 39. Transfer of power to exploitation of water resources

1. The condition of the organization, the individual transferred the rights to the exploitation of water resources:

a) As of the time of the transfer, the organization, the transfer individual has completed the basic construction work, bringing the extraction work into operation;

b) As of the time of the transfer, the organization, the individual offering the transfer has completed the obligation on the regulatory financing at Point 2 Article 43 of the Water Financial Law and has submitted enough money to exploit the prescribed water resources; there is no such thing. Disputes over rights, obligations related to the exploitation of water resources;

c) The organization, the transfer individual has submitted enough records for the agency to receive the case when the license is mined, using the water resource in effect at least one hundred twenty (120) days.

2. The condition of the organization, the individual receiving the transfer of the rights to the exploitation of water resources:

a) The organization, the individual recipient of the transfer is eligible for regulation at Article 20 of this decree;

b) The guarantee does not alter the purpose of extraction, use of water.

3. The transfer of the rights to the exploitation of water resources is represented by the contract between the transfer party and the recipient of the transfer under the provisions of the civil law and there are the following main content:

a) The amount of volume, volume, the value of the extraction work, the engineering infrastructure that has invested, built; the situation that performs the financial obligations of the organization, the transfer individual to the time of the signing of the transfer contract;

b) The responsibility of the organization, the individual receiving the transfer in the implementation of the work, the obligation that the organization, the transfer individual has not completed as of the time of the transfer.

4. transfer records include:

a) The proposed transfer of the rights to the exploitation of water resources;

b) The transfer of the rights to the exploitation of water resources;

c) The results of the results of the extraction of water resources and the implementation of obligations to the time of the proposed transfer of water resources;

d) Copy (certificate) the business registration certificate of the organization, the individual receiving the transfer of the rights to the exploitation of the water resource; the case of the recipient of the transfer is that the foreign business must have a copy (corroboration) the decision to establish a document Representative room, branch in Vietnam.

5. Presentation, transfer procedure:

a) The organization, the transfer individual filed in two (02) files for the agency receiving the case.

During the period of the year (05) the day of work since the filing date, the agency recepts the case to check, take on the case; the case case is incomplete, not valid, the agency recepts the case back to the file and has the text stating the reason;

b) During the twenty (20) days of work, since the date of the document receiving the case, the agency recepts responsibility for examination, case appraisal, and the authority presented the authority to issue a review, decision, and grant of the extraction permit, using the document. It ' s a water resource for the organization, the individual receiving the transfer. The duration of the license is granted by the remainder of the license that was granted earlier.

In the case of an unauthorised transfer not authorized by the authority to grant consent, the organization, the transfer individual, is continuing to implement the extraction permit, use water resources or return the extraction permit, using water resources.

6. Organization, individuals transfer and receive transfer of the right to the exploitation of water resources must perform duties on taxes, fees, fees associated with the transfer in accordance with the rule of law.

Chapter IV

FINANCIAL RESOURCES

What? 40. Money for the exploitation of water resources

1. Organization, individuals must pay the grant of the rights to the exploitation of the specified water resources at Clause 1 Article 65 of the Water Financial Law that includes the required cases of the extraction permit, the use of water resources and in the following cases:

a) Mining, use of water for commercial electricity;

b) Water mining, soil water, sea water to serve business operations, services, non-agricultural production;

c) Groundwater Extraction with scale from 20 m 3 /The night comes up to grow industrial crops, livestock farming, aquacal farming.

2. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Finance that regulates the revenue, methodology, method of procurement, management mode, use of the power to exploit water resources.

What? 41. The funding for basic investigation activity, planning, protection of water resources.

1. The funding for basic investigative work, planning, management, protection of water resources is carried out as stipulated at Clause 1 Article 10, Clause 4 Articles 21, paragraph 5 Article 27 of the Water resource law.

2. The Ministry of Natural Resources and Environment, in collaboration with the Ministry of Finance to guide management, use funding for basic investigation operations, planning, management, water resource protection.

Chapter V.

COORDINATION, MONITORING OF EXTRACTION ACTIVITIES, USE, PROTECTION OF WATER RESOURCES, ROOMS, RESISTANCE AND REMEDIATION OF WATER-CAUSED DAMAGE CAUSED BY WATER ON THE RIVER BASIN.

Item 1

OPERATIONS REQUIRE COORDINATION.

What? 42. The activities on the river basin need to coordinate, monitor

1. Rules of regulation at points a, b, c and Point 1 Article 72 of the Water Water Law.

2. Other activities need to be coordinated, monitored on the river basin at the Point 1 Point 1 Article 72 of the specified water resource law as follows:

a) The activities of renovation, restoring the rivers, include:

-Restoring, preserving ecosystems, improving water quality;

-The waters of the waters, the riparing of the rivers, and the rivers, and the floods of the rivers, and the floods of the rivers.

-Water supplements for depleted water sources, build and upgrade wastewater treatment infrastructure;

-Reduction of distributed pollution in urban and rural areas; increase in room operations, against the pollution of water resources;

-Building a water-keeping infrastructure to increase the water flow in the river, reinforced the riverbank, dredging the river's heart.

b) The activities for the renovation of the landscape, the development of riverside land, coastal areas, including:

-Development of recreation areas, festivals, fitness, riverside sports;

-Recover and develop the values in the history, culture and travel of the river.

What? 43. Content, requirements for coordinating activity, monitoring on the watershed of the river

1. The coordination content consists of the direction, which governs the activities of ministries, sectors, localities and agencies, which are involved in the implementation of the provisions at Article 42 of this decree.

2. The surveillance content includes tracking, operating out of mining operations, using water resources, discharge of sewage into water sources and the organization of implementing water resource protection measures, rooms, resisting and remediation of the consequences of water caused by water. It ' s a river basin.

3. Required for coordinating activity:

a) Conservation of exploitation, aggregate use, savings, water efficiency meets the water supply requirements for life, human life, and economic development-social; protection of water resources, rooms, combs, and remediation of water-induced adverse effects;

b) Secure synchrony, unity among the agencies involved in the domain of the river basin; use of reasonable resources, effectiveness, avoidance of overlap, waste;

c) Follow the planning, plan on the scope of the basin;

d) Define the presiding body, the coordination body and the specific responsibility of each participating agency.

4. Required for monitoring activity:

a) The detection of unusual phenomena in terms of traffic, water levels, quality of water resources; warning, forecasting of risk of pollution, degradation, depleation of water resources across the river basin range;

b) The detection of legal violations of the organization ' s water resources, individuals in the operation of reservoir reservoirs, and in the operation of wastewater discharge into water resources across the river basin range;

c) Providing information, the number of provisions serving the coordination of extraction activities, use, protection of water resources, rooms, anti and remediation of the consequences of water-caused harm in Article 42 of this Decree on the watershed;

d) Other requirements of management, protection, exploitation, use of water and room resources, against, remediation of water damage caused by water on the river basin.

Item 2

RESPONSIBILITY FOR COORDINATING, MONITORING ON THE RIVER BASIN

What? 44. The responsibility of the Ministry of Natural Resources and Environment

1. Host, in coordination with the ministries, peer agencies, the relevant government agency and the People ' s Committee of the Provinces, the Central City of the Central City Building Planning, the scheme, the project to carry out the operations required to coordinate, the regulatory oversight at Article 42 of this decree for the watershed basins, the Prime Minister decided.

2. Host the co-ordination of the application, rectify the incident of federal water pollution, the source of water.

3. appraisal, publish the minimum flow in the river or river section for interprovincial water sources, which regulates the minimum flow at the downstream of the reservoirs under licence-level jurisdiction.

4. Build, maintain an active monitoring system, use water resources, discharge wastewater into the water supply to the watershed basin.

5. Address by the authority or the Prime Minister to address the issues arise in the implementation of the implementation of the coordinating body, which oversees the watershed basin.

What? 45. The responsibility of the Provincial People ' s Commission

1. Construction, approval and organization implementing regulatory plans, distribution of water resources; programs, plans for the renovation of the rivers, recovery of contaminated water resources, depleted of the internal river basins.

2. Directed the application of the application, rectify the incident of pollution of water resources on the site and in coordination with the local water resources in the application of the application, overcoming the breakdown of water resources.

3. appraisal, publish the minimum flow in the river or river section for the internal water source, which regulates the minimum flow at the downstream of the reservoirs under licence-level jurisdiction.

4. Build, maintain an active monitoring system, use water resources, discharge wastewater into the water supply to the internal watershed.

5. The chair addressing issues that arise in the implementation of the implementation of the coordinating body, which oversees the internal river basin.

6. Coordinate with the Ministry of Natural Resources and Environment in the implementation of the provisions at Article 44 of this decree.

What? 46. The responsibility of the ministries, across the ministry

1. Coordinate with the Ministry of Natural Resources and the Environment, the Provincial People's Committee in the Coordination, Overseeing The Exploitation, Use, Protection of Water Resources, Prevention, and Overcoming The Consequences Of Water Damage Caused By The Water Basin.

2. Notice the need for its use of water to each source of water on the river basin for the Ministry of Natural Resources and Environment, the Provincial People ' s Commission concerned.

3. Directed the construction, adjustment, addition of plans, programs, specialized projects related to exploitation, use, protection of water resources, rooms, resisting and remediation of the consequences of water caused by water to conform to regulatory planning, distribution, and distribution. Water resources, programs, plans to renovate the rivers, recover contaminated water resources, depleted across the river basins and ensure the maintenance of the minimum flow has been announced.

4. Directed the construction and implementation of the reservoir water regulatory plan, the extraction plan, which uses the water of water extraction works on the river according to the reservoir operation process, the reservoir has been issued with the authority to issue and follow the investigation plan. draw, distributing water resources on the river basin.

5. Coordinate solving problems arise during the monitoring of monitoring on the river basin.

Chapter VI

EXECUTION CLAUSE

What? 47. The transition clause

1. Organization, individuals have been licensed under the provisions of the International Water resource law. 08 /1998/QH10 implementation of the regulations at Article 77 of the International Law of Water 17 /2012/QH13.

2. For the proposed dosages of water resource licenses obtained by the competent authorities prior to the date of the decree taking effect, continuing to resolve on the principle of organization, the individual must carry out obligations under the provisions of the Law of Finance. Number one. 17 /2012/QH13.

3. Organization, individual in case of regulation at Article 40 of this Decree is obligated to pay the grant of the exploitation of water resources since 1 January 2013.

What? 48.

This decree has been in effect since 1 February 2014.

The Decree: Number 179 /1999/NĐ-CP December 30, 1999 guidelines for the implementation of the Water resource Law; number 149/2004/ND-CP July 27, 2004 rules the licensing of water resources and Article 2 of the Digital Protocol. 38 /2011/NĐ-CP May 26, 2011 amend, adding some provisions for the administrative procedure of the Digital Protocol. 181 /2004/ND-CP October 29, 2004, No. 149/2004/ND-CP July 27, 2004 and No. 160 /2005/NĐ-CP December 27, 2005 expires since the date of this Decree is valid.

Abolish the provisions of the Digital Protocol 112 /2008/NĐ-CP October 20, 2008 in terms of management, protection and exploitation of a mercury reservoir environment resource synthesis, irrigation and digital decree. 120 /2008/NĐ-CP December 01, 2008 on the management of the left river basin with the regulation of the Water Financial Law 17 /2012/QH13 And this decree.

What? 49.

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 Provincial People's Committee, Central City and Organization, the relevant individual responsible for the implementation of this decree ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung