Pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to Decree No. 32/2005/ND-CP on 11/3/2005 of the Government on the manufacture and supply of products, public service;

Pursuant to Decree No. 142/2003/ND-CP on November 28, 2003 detailing the Government's implementation of some articles of the Ordinance on the exploitation and protection of irrigation works; Decree No. 115/2008/ND-CP on November 14, 2008 Government's amendments and supplements to some articles of Decree No. 142/2003/ND-CP;

Pursuant to decision No. 38/2007/QD-TTg dated 20/3/2007 of the Prime Minister about issuance criteria, business catalog 100% state capital;

The Ministry of agriculture and rural development operational organization guidance and decentralized management, harnessing the irrigation works as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope this circular guides organize and operation management hierarchy, tapped for the irrigation system was built by the capital investment budget, or are derived from the State budget has been put into exploitation, use.

For the irrigation system was built by the investment the other sources of capital, the management organization, operated by the owner (or the owner) decided on the basis of use guide of this circular and the other Guide according to the provisions of the law ensure safe, efficient use.

2. the applicable object object applied to this circular are the institutions, households and individuals, was tasked with the management, exploitation and protection of irrigation works.

Article 2. Explanation of terms 1. "Irrigation" is in the works of infrastructure to exploit the surface of the water; Prevention of harmful effects caused by water, protect the environment and ecological balance, including: water reservoirs, dams, sewers, pump stations, wells, water pipelines, channels, works on the Canal, dikes and banks of cover types.

2. "irrigation system" is a collection of relevant irrigation works directly with each other in the management, operation and protection in a basin or a certain area.

3. "irrigation system in the Union" is the system of irrigation or irrigation service, pepper, water supply for individual organizations to benefit in two provinces or equivalent administrative unit.

4. "the system of irrigation district" is the system of irrigation or irrigation service, pepper, water supply for the Organization, personal benefit in 2 district or equivalent administrative unit.

5. "irrigation system intercommunality" is the system of irrigation or irrigation service, pepper, water supply for the Organization, the individual benefits in 2 communes or equivalent administrative unit.

6. "the first Drain the Canal under the provisions of Decree No. 115/2008/ND-CP" as works or drainage for an area of certain beneficiaries are the responsibility of management of the beneficiaries. Cost of management, operation, repairing and protecting the works from the first channel to drain the surface by ploughing beneficiaries contribute (referred to as the inner Council of the farm waterway service fee).

7. "collaborative use of water" is the form of the same people benefited from irrigation, making the task of harnessing and protection works, population, production.

Article 3. Principles governing exploitation of hydraulic engineering 1. The Organization of the management and exploitation of irrigation to ensure your system works, combining basin management and territory. Guaranteed safe and effective exploitation of the irrigation works in irrigation, water supply serving the population, industry, social-economic and environment.

2. Organization Management, exploitation of irrigation should match the nature and operational characteristics, technical requirements, operation and management of specific conditions of each region, each locality. Ensure each system works, irrigation must be due to a direct personal, organization management, operation and protection.

3. The management, operation and protect the major clue works, important works, the main shaft and the channel system of branch canals have large-scale, complex operating techniques to do businesses have the capacity and experience in the management, exploitation and protection of irrigation done to ensure safety operation , effective.

4. organizations and individuals was delivered or have participated in the management, exploitation and protection works, irrigation system must have sufficient capacity, the experience consistent with the scale, nature and technical requirements of each of the works, the system was delivered, the responsible agency order (or service contract) , the governing body of local and state laws about the results of task management, exploitation and protection of irrigation works in the scope.

5. The Ministry of agriculture and rural development management organization directly or decentralized to the provincial people's Committee in the region to benefit the governing irrigation systems in the Union.

Article 4. The content, requirements of the management and exploitation of hydraulic engineering 1. The management and exploitation of irrigation consists of three main content: a) water management: regulate water distribution, water fair, reasonable in irrigation systems, to meet the requirements of agricultural production, the population lives, the environment and other national economic sectors.

b) construction management: auditing, tracking, detection and timely handling of incidents in the irrigation system, and make good the maintenance, repair, maintenance and upgrading works, machinery and equipment; protection and operation of the works in accordance with the standard rules, technical standards, ensuring the safe operation of public works, efficiency and long term use.

c) Organization and economic management: building organizational model to management, effective use of resources, properties and all resources are assigned to implement and complete the task of exploitation, protection of hydraulic engineering, general business as required by law.

2. The requirements of the management, operating the irrigation a) management, operation, maintenance, maintenance of water irrigation works, water supply in accordance with the standard rules, technical standards, safety, production, social service, timely and effective population.

b) provide products, public service, irrigation water supply for agricultural production and other economic sectors on the basis of the order contract with the competent agency or planning.

c) use of capital, property and all resources are assigned to complete the task of managing the exploitation of irrigation.

d) leverage works, labor, machinery, engineering, land, landscape and raising capital to perform other business activities, the condition does not affect the mission, managers harness the irrigation was delivered and subject to the provisions of the law.

Chapter II Organization, FUNDING SOURCES and MODALITIES of OPERATION of the MANAGEMENT ORGANIZATION, EXPLOITATION of IRRIGATION WORKS article 5. The organisation managing the exploitation of irrigation management organization, exploitation of irrigation include the following types: 1. Business: limited liability company including a member (TNHHMTV) State owns 100% of the capital; the other companies involved or tasked with managing the exploitation of irrigation.

2. water cooperation organization operating under the provisions of the Cooperatives Act or the civil code and the current Guide, irrespective of the name of that organization.

3. Households, direct personal management, exploitation and protection of hydraulic works (according to the tender form or delivered securities pilot).

4. local case not have dedicated business task management, exploitation and protection of irrigation works, may be temporarily assigned to other businesses (or unit) in the implementation. The unit was assigned to organize a departments of management, irrigation, mining then strengthen, improve the organization under paragraph 1 of this article. Do not establish new business units to replace the ongoing business task management, exploitation and protection of irrigation works.

Customize the specific conditions of each locality to established models of organizational management, harnessing the irrigation accordingly under the rule of law, ensure the streamlined, efficient.

Article 6. The company tapped Federal irrigation works 1. The company tapped Federal irrigation by the Minister of agriculture and rural development decided to establish to manage the irrigation main channel axis, clue and works to regulate large-scale water irrigation system in the province, have the technical requirements on the management , operate, regulate water complex to ensure harmony between local interests within the system and between the objects using water;

2. The company tapped irrigation works directly under the Ministry of agriculture and rural development, irrigation planning, water-supply system-wide, coordinated with the unit management, the exploitation and protection of irrigation works in the province within the system to operate the irrigation system according to the operating procedures are competent authority approval browser, operating system guarantee synchronous, smoothly not be divided according to the administrative boundary of the province.

Article 7. Mining company irrigation 1. Mining company irrigation works directly under the provincial people's Committee by the Chairman of the provincial people's Committee established, to manage the irrigation main channel axis, the clue and works to regulate the water in large and medium scale irrigation system in the United provinces (except in the case specified in clause 1 6 of this circular); the system of irrigation district, there were technical requirements on the management, operation, regulate the water complex, to ensure harmony between the interests of the district, commune in the scope of the system and between the objects that use the water.


2. The company tapped irrigation works directly under the provincial people's Committee building of irrigation water supply plan on system-wide, coordinated with the unit management, the exploitation and protection of irrigation works in the scope of the system to operate the irrigation system according to the operating procedures are approved by the competent authority , secure operating system, smoothly not separated by administrative boundaries.

Article 8. The Authority decided to model the Organization and mode of operation of the management organization and exploitation of hydraulic engineering 1. The organization model a) for a business type: decision establishing the governing mining, irrigation is the Agency decided the organization model and the method of operation of the organization.

b) water collaborative: collective beneficiaries decide organizational model, the activity of water cooperation, reported the Agency had the authority to consider, recognized under the current rules.

2. Method of operation of the management organization, harnessing the irrigation a) governing exploitation of irrigation works comply with the current rules on the manufacture and supply of products, public service. Apply the ordering form for all types of organizational management, exploitation of irrigation (only applicable form delivery plan for the particular case).

b) governing exploitation of irrigation works in all types are encouraged to apply the tender form pilot, stock allocation for the management, protection and maintenance, maintenance of the projects, canals in the scope of management units, on the basis of the technical-economic norms and content estimates of funding approved.

c) business, collaborative use of water when the Agency has the authority to order or plan to manage irrigation, mining is autonomy in the implementation of tasks, reorder, innovation organization management mechanism to enhance the capacity, the performance of the unit. Implement the mechanism of securities, rights and responsibilities of employees with production results.

Article 9. Funding of activities of the organizational management, irrigation exploitation 1. The funds of the enterprise management, exploitation of irrigation include: a) funding by the competent State agencies offered free currency policy, irrigation to manage, operate and protect the irrigation system;

b) irrigation fees, water charges, the sewage discharge money collected under the provisions of the law;

c) State budget for repairs, upgrade irrigation, irrigation restore disaster ruin under the investment project is the competent State agencies; support money, gasoline, oil for flood prevention, drought-resistant water pump goes beyond the norm;

d) compensate public activities due to insufficient income to offset the expenses;

DD) revenues from General mining and irrigation works.

2. Funding of water cooperation organization include: a) Agro-Hydro copper Cabinet service fee due to water users agreement to contribute to the operation, maintenance and protection of irrigation works;

b) irrigation, water supply and currency is money from the audience have to fall under the provisions of the law;

c) funding by the Section Manager works beyond the scale first tribute channel of water cooperation;

d) State budget for repairs, upgrade irrigation, irrigation restore disaster ruin under the investment project is the competent State agencies; support money, gasoline, oil for flood prevention, drought-resistant water pump goes beyond the norm;

VND) earnings by tapping General irrigation and other collectors.

3. The organizational management, exploitation of irrigation is autonomy in the use of funds for annual operating expenses, including the cost of maintaining, repairing, upgrading, chemical neutralization of irrigation by the management unit under the current rules, after the contract was signed or the order was delivered to the plan.

4. On the basis of norms and labor unit cost of salary was approved, the authorized businesses to harness the irrigation was active in labour deployment and wage payment. Encourage businesses to harness the irrigation decrease labour marginal intended to raise revenue for public employees; the organizations and individuals who promote initiatives, technical improvements, applying scientific and technological advances to improve labor productivity, reduce costs, save water, save fuel, supplies, energy in order to enhance the efficiency of extraction of irrigation.

The provincial people's Committee of reward mechanisms for regulation organizations, individual contributions benefit the State, collective based on the effective interest yield.

Article 10. Contracts, liquidation of irrigation water supply contracts 1. The beginning of each production base, the capacity of the system of irrigation, irrigated area, water needs and level of water use by the competent authorities issued (if available), organizational management, harnessing the irrigation made the contract using water (or set the watering) with organizations , personal benefit.

Encourage the management organization, exploitation of irrigation water supply at the point of delivery of water by mass and payment according to the volume of water provided on average for 1 ha.

In case there is a change in the area of benefit or other changes in management, affect results of operations, the goal of serving system for irrigation, organizational management, harnessing the irrigation shall report the Agency has the authority to consider, resolve.

2. End of each production, on the basis of the results of service production (real or irrigation area water supply volume), quality of service and quality in canals, structures, organizational management, harnessing the irrigation conducted trials "liquidation of irrigation water supply contract with the Organizer , personal benefit.

3. test results for liquidation of irrigation water supply contract is the basis for the Agency to order settlement funds to compensate for the hydraulic unit. Case level level according to the estimation of the competent bodies from the beginning of the year have difference with the results by testing the actual liquidation, then follow the instructions in point 5.2 of section 5.2.2, clause 5, part II of circular No. 12/2009/TT-BTC dated January 21, 2009 the Ministry of finance order Guide , planned for the unit on duty to manage irrigation and mining regulations of the financial management of State-owned companies to do task management, harnessing the irrigation.

Chapter III DUTIES and powers of the MANAGEMENT ORGANIZATION, DIG IRRIGATION article 11. The mission, the enterprise was given the powers of management, exploitation and protection of hydraulic engineering 1. The duties, powers, duties and powers of the business or have participated in mining management irrigation works made under the provisions of article 7, article 8 of Decree No. 142/2003/ND-CP on November 28, 2003 detailing the Government's implementation of some articles of the Ordinance on the exploitation and protection of irrigation works and the other provisions of the law under the the business license is granted.

2. Organization of the enterprise was entrusted to manage irrigation, harnessing a) depending on the type of business, management, administration, Control Board, legal representative of the enterprise is made according to the regulations of the corporate law 2005 and the other provisions of the law and be approved by the owners in the company's Charter.

The Organization, the Board of the mining business irrigation layout match the scale, volume management, tasks, the lines of business under the business registration is granted, actual conditions and be approved by the owners in the company's Charter.

b) production organization, public service enterprise directly under the base of the scale, the scope of activities, enterprises exploit irrigation established branch model (or industrial), the Station Manager, dig irrigation directly or managed Cluster, harnessing the irrigation works directly under the According to management, clue works or at the table.

c) enterprises are assigned management, exploitation and protection of irrigation works is organization of production, sales, services outside the public task depending on the capacity, the scale of the unit, ensure compliance with the provisions of the law and do not affect the public service task assigned to it.

Article 12. The duties and powers of water cooperation organization be assigned management, exploitation and protection of hydraulic engineering 1. The duties and powers of water cooperation organization made according to the provisions of article 10 of Decree No. 142/2003/ND-CP on November 28, 2003 detailing the Government's implementation of some articles of the Ordinance on the exploitation and protection of irrigation works and the other provisions of the law under the Statute , or the Charter of the organization is the competent body through.

2. Organization and functioning of cooperative organizations of water users including the following types: a cooperative): Is the Organization of agricultural service cooperatives (having joined the service management, exploitation and protection of irrigation works) or specialized sewing cooperative irrigation service.

b cooperation:) Is the Organization of water users are established with different names as the use of water, sugar water, management of ...

Organization, established methods and organization of activity of this kind is done according to circular No. 03/2008/TT-BKH on 9/7/2008 of the Ministry of planning and investment guide to some of the provisions in Decree No. 151/2007/ND-CP on 10/10/2007 by the Government on the organisation and operation of the partnership and circular No. 75/2004/TT-BKHCN on 20/12/2004 the Ministry of agriculture and rural development, guide the establishment, consolidation and development of cooperation organization of water users.

Article 13. Households, individuals involved in the management, operation and protection of irrigation works


The duties and powers of households, individuals are assigned management, exploitation and protection of irrigation works done according to the contract delivery of securities have agreement between the party and the receiving party delivery securities. Encourage pilot done bidding, delivery of securities the irrigation of small, simple for households, individuals perform management tasks, and protect. The provincial people's Committee decided to scale the irrigation can make tender, delivery of securities.

Chapter IV the MANAGEMENT HIERARCHY, EXPLOITATION of IRRIGATION article 14. The decentralization bases 1. Pursuant to the provisions in article 6, of Decree No. 142/2003/ND-CP on November 28, 2003 detailing the Government's implementation of some articles of the Ordinance on the exploitation and protection of irrigation works.

2. Pursuant to decision of the provincial people's Committee rules on the management hierarchy, exploitation, operation and protection of irrigation works in the province.

3. Works, irrigation system in any level, that level of decision model of organisation, management methods according to the provisions of this circular and the current provisions of the law, ensure safety, promote efficiency highest works.

Article 15. Decentralized execution conditions 1. Individual organizations are decentralized management, the exploit works, irrigation system must meet the requirements of competence, experience, according to the regulations of the Ministry of agriculture and rural development.

2. Decentralized management of irrigation works made at the same time or after the water cooperation organization be strengthened, full-capacity event. Strengthening the role of local authorities and the people of joining the management, exploitation and protection, in order to promote efficient irrigation.

3. The organization, individuals are assigned management, exploitation and protection of irrigation works to enjoy fully the rights and perform the obligations in the management, exploitation and protection of irrigation works in accordance with the current legislation.

Article 16. Decentralized management criteria, the exploitation of irrigation works, irrigation systems, features, simple technical nature, scale as the criteria below may be decentralized to collaborative use of water, households, individuals manage to save costs enhancing the effectiveness of public works: the works of independent clues, including the following types: a) the reservoir: the reservoir has a capacity from 1 million m3 of water, or from 500,000 m3 or less (for the mountainous, remote areas); or the height of the dam from 12 m back down, served within the town or administrative level equivalent.

b) the dam surges: the dam surges with a height of 10 m from the dam back down, scale irrigated within the communes or administrative level equivalent.

c) pump stations: serving within the town or administrative level equivalent, the irrigation area, the design should not exceed:-mountain region of the country: 100 ha.

-Red River Delta: 300 ha.

-Mekong Delta: 500 ha.

-Other regions: 200 ha.

2. With regard to the structures, canals in the irrigation system, clue by enterprises management, exploitation and protection: the canals in the irrigation systems by the business management, exploitation and protection, can consider the hierarchy for the collaborative use of water household, personal management, but there area should not exceed 500 ha.

3. for works the clue is the tribute stop salty, sweet, hold the drain under the topic: depending on the actual conditions to tasked to manage, operate, ensuring conformity with the provisions of the law of the dyke and the writing guide enforcement dykes.

Article 17. Decentralized implementation 1. With regard to the type of works and other clues, applies the criteria of the type of work the same clue has been stipulated in article 16 of this circular and under real conditions in order to perform local hierarchy.

2. for irrigation are now due incomplete organizations legal management, exploitation and protection, the competent State Agency Affairs for enterprises are management, exploitation and protection of irrigation works on the General management and provision of funds is through the business on the basis of share trading business.

3. On the basis of the criteria specified in this circular, based on the specific conditions of each locality, the provincial people's Committee decided the management hierarchy, exploitation of hydraulic works, commissioned for the competent authorities to implement, secure, promote the highest efficiency of the process irrigation system.

Article 18. Determine the first tribute to channel 1. First drain channels are regulated by the irrigation area, designed for each region are as follows: a) mountainous country: less than or equal to 50ha.

b) Red River Delta: is 250 ha.

c) Central du, Central Coast, Highland and South East: less than or equal to 200 ha.

Mekong River Delta): less than or equal to 400 ha.

2. provincial people's Committee issued the first tribute scale specific channels and shallow marine services fee threshold infield, to pay for the management, operation, maintenance and maintenance works in the scope of the collaborative use of water management, in order to raise the consciousness of the people in the water saving protection, irrigation works.

The Department of agriculture and rural development in collaboration with the Department of finance the Department of investigation, calculate the extent of the actual cost of water cooperation organization, the provincial people's Committee to consider, decide the level of the ceiling shallow marine services fee infield of the whole province.

3. Collaborative use of water, household, personal Manager works, canals have area serves the greater scale of the drain channel head according to specific provisions of the provincial people's Committee, be granted a portion of funding from a source of irrigation to compensate the State's charges. The rate and extent of specific deductions according to the agreement between the company management and exploitation of irrigation clues to water cooperation on the basis of weight, content of work done and the fact area exceeded regulations.

Chapter V IMPLEMENTATION article 19. Implementation 1. The Department of agriculture and rural development of the province, central cities: a) steer, guide and strengthen the entire organization and decentralized system of administration, exploitation of local irrigation works, the provincial people's Committee decision.

b) directs the specialized agencies in the Organization of the technical guide for operation, apply scientific irrigation measures and content maintenance work, maintenance of simple works for officers of the cooperative organizations of water users, households, individuals involved in managing the exploitation of irrigation.

c) annually, plans to check regularly, recurring works and training organizations, training for the direct operation, protection works.

2. The unit management, harnessing the irrigation this circular base established the management hierarchy, exploitation of irrigation, construction of the technical-economic norms, the authority to consider, decide and implement. Basing the actual situation, the management hierarchy, exploitation of irrigation can be done annually or stable from 3 to 5 years.

Periodically report the irregular report or when there is a change in the current state of the work and situation management, harnessing the irrigation for State management agencies of local irrigation and the authority to review, to resolve.

Article 20. Effective enforcement of this circular are enforceable after 45 days from the date of signing. All previous provisions contrary to this circular are repealed.

In the process, the Department of agriculture and rural development, the provinces and cities under central management units, tapping timely irrigation works reflecting on the Ministry of agriculture and rural development, the obstacles to timely additional amendments accordingly.