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Decision 3/2006/qd-Btnmt: Enact Bylaws Established, Migration, Upgrade, Downgrade, Hydro-Meteorological Stations Dissolution

Original Language Title: Quyết định 03/2006/QĐ-BTNMT: Ban hành Quy chế thành lập, di chuyển, nâng cấp, hạ cấp, giải thể trạm khí tượng thủy văn

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The DECISION to enact the statute established, migration, upgrade, downgrade, hydro-meteorological station is dissolving _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of NATURAL RESOURCES and the ENVIRONMENT Ordinance base exploitation and protection of hydro meteorological works on 8 December 1994;
Pursuant to Decree No. 24/CP dated Mar. 1997 detailing the Government's enforcement of the Ordinance on the exploitation and protection of hydro meteorological works;
Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
According to the proposal of the Director General, meteorology and hydrology and Director of the Organization Department, DECIDES: 1. Attached to this decision, established rules, migration, upgrade, downgrade, hydro-meteorological stations dissolution.
Article 2. This decision has the effect after 15 days from the date The report. Repealed Directive No. 540/KTTV March 8, 1977 by the General Director of the Bureau of hydrology, meteorology and construction procedures and move hydro-meteorological stations.
Article 3. Chief of the Department, Director of the Organization Department, Director of planning and finance, Director General, meteorology and hydrology, the Director of science-technology, Director of the national hydrological and meteorological heads of relevant units responsible for the implementation of this decision.

 



DEPUTY MINISTER signature (signed) Nguyen Cong Into the established REGULATION, migration, upgrade, downgrade, dissolved meteorological hydrological stations (attached to decision No 3/2006/QD-BTNMT on March 17, 2006 of the Minister of natural resources and the environment) chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This regulation regulates the sequences, procedures, on the establishment, content migration, upgrade, downgrade and dissolve surface meteorological stations, agricultural meteorology, meteorology, high naval meteorology and hydrology (hereinafter collectively referred to as hydro-meteorological stations) and the hydro-meteorological stations used in hydro-meteorological stations network.
2. this Regulation applies to the basic hydrology meteorological stations due to the Ministry of natural resources and environment management and hydro-meteorological stations used are welcome.
Article 2. Explanation of terms In this regulation the terms below are interpreted as follows: 1. Hydro-meteorological Stations are works to observation of the hydro meteorological elements, the elements of air and water environment on the ground, under water, in rivers, lakes, sea and in the air.
2. Hydro-Meteorological Station is the station by the State construction, aims to investigate the basics of meteorology, hydrology and environment by Ministry of natural resources management, long-term, stable mining caters for the needs of society.
3. Hydro-meteorological Stations used the station due to the ministries, local economic organizations, defense, security and personal (known collectively as the owner works) to build, manage, exploit primarily served the purpose, specialized needs.
4. Type of the station is the concept to classify hydrological meteorological stations according to the subjects that made observation stations.
5. station Class is the concept of just the rank of each type of workstation, determined on the basis of duties and monitoring elements of the station, are unified regulations for each type of workstation.
6. Establishment of the station is a new station building and deployment of monitoring activity in a location that previously have not had the station or the station but was dissolved.
7. Upgrade is adding to the task or monitoring elements for the station and upgrade the station up the higher class.
8. Downgrade the station is off duty or monitoring elements of the station and the station down to the lower class rank down.
9. Move the entire migration stations stations or some categories of works from the stations currently operate to a new location was chosen.
10. Abolition of the station is permanently stop the entire monitoring work and to terminate all other operations of the station.
11. professional works are works to install monitoring devices or monitoring service meteorological hydrological factors, environmental air and water.
Article 3. Approval authority 1. The Minister of natural resources and the environment: a) The Prime Minister decided to move the meteorological stations hydrography in special categories and in the international press networks under article 11 Ordinances exploitation and protection of hydro meteorological works, article 3 paragraph 2 and article 11, Decree 24/CP dated 19 March 1997 from the Government detailing the implementation Ordinance and exploit protection works Hydrometeorogical;
b) approval of the policy of building the station, station placement; the decision to establish the station; approved investment project station building (except the construction investment project station has decentralized to the center of the National Hydro meteorology); the decision to put the new station building and upgrading work stations into operation; the decision to upgrade, downgrade, dissolved for the meteorological station hydrography;
c) decided to move the station's base Hydrometeorogical does not belong in a paragraph 1 of this article;
d) decided to accept the station specialized in hydrological meteorological network of meteorological stations in hydrography.
2. the Director of the National Hydro Meteorology: approved investment project station building basic hydrological meteorological according to hierarchy.
Chapter II ESTABLISHMENT of the BASIC HYDROLOGY METEOROLOGICAL STATIONS article 4. Established principles 1. The establishment of the meteorological stations hydrography must follow the planning network of hydro-meteorological station has been approved by the authority.
2. The case is not yet in the planning but need to established stations to meet new requirements arise about the basic investigation, warning, forecasting service, scientific research and other requirements of society, the Ministry of natural resources and the environment decided by the authority or the Prime Minister to review the decision.
Article 5. General requirements about the location of stations 1. Location of the most recent meteorological stations basic hydrology must be delegates to the area or river basin on the natural conditions, Hydrometeorogical, particularly for meteorological elements that hydrological observation; must meet the technical requirements, are prescribed in the rules hydrological observation respectively.
2. technical safety corridors of each type of meteorological hydrological stations must comply with the provisions of article 7, Decree 24/CP dated 19 March 1997 from the Government detailing the implementation of the Ordinance and exploit protection works Hydrometeorogical.
3. Conditions on transportation, telecommunication, power supply, water supply; conditions of living, work of observation to ensure required by each type of workstation. Construction planning, socio-economic development in the region does not affect the operation of the station.
Article 6. The order established the station established basic hydrological meteorological stations are the following sequence: 1. preliminary survey, locate the latest station;
2. Appraising, approving authority about the location of stations;
3. the technical survey, determine the scale, the monitoring process;
4. Assessment, decided to set up the stations of authority;
5. The survey, design, construction investment project station;
6. Assess, approve the construction of the station project authority;
7. Construction and installation of equipment for the station;
8. technical test, operate, test monitoring;
9. Decides to bring the station into operation.
Article 7. Preliminary survey 1. General Survey, including the following: a) survey of the natural conditions of topography, pedology, vegetation, rainfall, temperature, humidity, wind direction prevailing, storm, flood, flooding, surrounding environment to consider, evaluate computer quorum for the area or river basin expected latest station;

b) survey the condition of technical safety corridor of the station;
c) learn, master the planning situation, socio-economic development of local areas expected to set a workstation;
d) surveyed the conditions of living, transportation, communication, power and water supply;
e) identify preliminarily coordinates, altitude of the location of land put the expected location stations, construction of observation;
f) consultation of local authorities about the location of the station has preliminary survey.
2. In addition to the provisions in clause 1 of this article, need some private surveys for various station types: a surface meteorological Stations), agricultural meteorology, meteorological and high need not identify preliminarily location, height of the shield; the distance, the direction of the character shield for garden placement observation or professional work;
b) hydrological Stations need to learn common characteristics and the characteristics of the river basin's hydrological; Select the paragraph on the river can meet the technical requirements to set station; Learn the characteristics of the flow; preliminary investigation of the highest level, the lowest water level, water phenomenon, the phenomenon of distributary, enter save, the phenomenon of dehydration on the river; determine the ability to control the flood of the river segments; Learn the uses, harnessed the river passage, the use and exploitation of the water of the river current and expected variation due to population growth, the economy, the construction of irrigation, hydropower, ...;
c) naval meteorology Stations need survey characteristics, modes of the tides in the area expected to set station; ventilation levels to the survey for the sea winds, prevailing wind direction; determine the depth of the sea in the area of observation of the wave, the highest level, the lowest water level, slope and speed of meandering shoreline; preliminary survey of the Islands, sandy beaches, reefs or other obstacles (if any).
3. Set the preliminary survey report form 1 Annex 1 to this regulation.
Article 8. Technical survey 1. Technical survey was conducted just after the location of the most recent station has been approved by the authority. In some cases, when the station's basic position has been determined, the information related to the content of the preliminary survey was clear (usually the meteorological stations), or region to survey too far, Outback, walking difficulties (usually the hydrological stations) you can combine both the preliminary survey always and survey techniques but must be approved by the Ministry of natural resources and the environment.
2. The content of survey techniques for each type of stations as prescribed in annex 2 to this regulation.
3. Establishment of technical survey report form number 2 Appendix 1 to this regulation.
Article 9. Construction and putting into service stations 1. The survey, design, construction and investment project station must follow the current rules on investment and construction.
2. professional buildings, machinery, equipment after installation must be technical test, operate, test monitoring in order to evaluate the quality of the installation, the stability of the construction, the equipment before putting the station into operation, official data collection.
Article 10. Browser profile 1. Preliminary survey records (2 sets), contents include: a) the Sheets of the central national Hydrometeorogical;
b) preliminary survey report by Radio Hydrometeorogical area established under the provisions of paragraph 3 article 7 of this regulation;
c) text of the local Government of the location of stations (a copy);
d) text of appraisal for professional units in the center of the National Hydro meteorology.
2. the technical survey records (2 sets), contents include: a) the Sheets of the central national Hydrometeorogical;
b) technical survey report by Radio Hydrometeorogical area established under the provisions of paragraph 3 article 8 of this regulation;
c) text of the local Government agreed to grant the land and allow the construction of the station (a copy);
d) other legal documents related to the establishment of the station (if any);
e) technical record copy stations (if the old station is now restored the dissolved);
f) due diligence documents of professional units in the center of the National Hydro meteorology.
3. build profile station (2 sets), contents include: a) the Sheets of the Center included Hydrometeorogical national valuation standards text about Hydrometeorogical of specialized units in the center of the National Hydro meteorology (if approval of the jurisdiction);
b) record of investment in building the station, which is Radio Hydrometeorogical area established under the current rules on investment and construction;
c) a copy of the decision of the Minister of natural resources and the environment of the establishment of hydrological meteorological stations;
d) a copy of the decision to grant the land by the provincial people's Committee, the city directly attached to the ground set station;
4. The records suggest putting the station into operation officially (2 sets), contents include: a) the Sheets of the central national Hydrometeorogical;
b) minutes of test engineering expertise, installation of equipment, machines;
c) reports of the regional hydrological meteorological Stations on the monitoring results check, evaluate the quality and the stability of the work equipment;
d) text of appraisal for professional units in the center of the National Hydro meteorology.
Chapter III MOVE FUNDAMENTAL HYDROLOGICAL METEOROLOGICAL STATIONS article 11. The cases are moving 1. Location of the station is in operation no longer match the planned hydro-meteorological stations network has been approved by the authority.
2. Due to the requirement of building and socio-economic development, defense, State security should revoke the land in the area of the station.
3. technical safety corridors or monitoring work of the station no longer guarantees the technical requirements, not safe for observation because of natural variations, due to urbanization or due to the impact of the socio-economic activities.
Article 12. Move condition 1. The new location must meet the technical requirements to put meteorological hydrological stations. Hydrometeorogical conditions at the location of the old station and the location of the new station is basically similar to the metric Hydrometeorogical technician at two positions ensuring uniformity, continuity, can transform each other through relationship correlation between two stations.
2. where the old and new position does not satisfy the conditions specified in paragraph 1 of this article shall not be considered to move the station that is considered dissolved the old station and established new stations.
3. When moving the station had Hydrometeorogical technician environmental factors of air and water, a new location was selected to satisfy at the same time the conditions of observation of meteorological and hydrological factors and monitoring the environmental factors. In no case can satisfy this requirement, the priority position satisfy the conditions for monitoring hydrological meteorological factors, and make recommendations to the authorized transfer of environmental factors monitoring air and water to a different location.
4. The move of the station Hydrometeorogical related to defense, security should consult with the Department of Defense and the Ministry of public security. Article 13. The sequence of movement 1. Survey of the current state of technical safety corridor stations, the current state of the process, reviews the level of influence the conditions of observation and accuracy of the data, the migration form recommendations, submission to authority.
2. Survey new locations where stations or works will move to, and the application to move the station.
3. Approval of the authority.
4. the station building or works at the new location, high speed connection lead between the old and new locations.
5. monitoring organization simultaneously between two positions.
6. Insert the new stations, new works on activity, dissolved the old stations, old buildings.
Article 14. Survey to move

1. in case of moving the entire workstation, must make as a new establishment of basic hydrological meteorological station as specified in articles 5, 6, 7, 8 of this regulation.
2. in case of move one or several categories of works, to perform the additional survey to assess, review of the new construction, the projects.
Article 15. Browser profile 1. For the station to move the entire browser profile, such as the establishment of the station, the provisions of article 10 of this regulation.
2. for the station to move one or several categories of works, records the 2 sets of content, including: a) the Sheets of the central national Hydrometeorogical stating the need to move the projects of hydrological meteorological stations;
b) survey report for the works must move due to Tv station established Hydrometeorogical area;
c) copies the text agree to ground level and allows the construction works must move part of the local government (in the case of the part that works is outside of campus stations) d) due diligence documents of professional units in the center of the National Hydro meteorology;
e the compensation agreement) clearance and other related legal documents (if any).
Article 16. The station building (or buildings) and simultaneous monitoring 1. The building and put the station (or works) into operation at the new location is done according to the provisions of article 9 of this regulation.
2. simultaneous observation: a) The simultaneous monitoring in both the old and new positions are made according to the legal expertise of the Department of meteorology hydrology;
b) time, monitoring content simultaneously in each specific case by the center of national hydrological meteorological review, decide;
c) end the observation at the same time, the regional hydrological meteorological reporting, suggest a new station or new works on official activity, dissolved the old station or old buildings. Particular case, after the end of observation at the same time, figures in two positions, not to determine the correlation between the two series, the center of the National Hydro meteorology Ministry of natural resources and the environment to replace the decision of moving the station by decided to establish new stations;
d) monitoring documents at the same time to archive.
Chapter IV METEOROLOGICAL STATION UPGRADE HYDROGRAPHY article 17. The case of upgrade 1. According to the meteorological stations network planning hydrogeology has been approved by the authority.
2. the need to strengthen the mission, elements of monitoring stations to meet the needs of extraction, use of materials for the purpose of basic investigations, research, forecasting service of prevention, mitigation of damage caused by natural disasters and socio-economic development, ensuring social defense , security.
Article 18. The upgrade sequence 1. Process, browse content, advocates the station upgrade.
2. The decision to upgrade the Agency's authority.
3. the technical survey to construction related monitoring elements will complement; , estimation and the browser.
4. Perform construction, installation, additional equipment.
5. Bringing the work to upgrade the station into operation.
Article 19. Browser profile 1. Records suggest upgrading stations (2 sets), contents include: a) the Sheets of the central national Hydrometeorogical;
b) proposed upgrade of station area with hydro meteorological resume survey items related to upgrade the station. The content is done as the creation of the station for this category;
c) The related legal documents such as excerpts are stations network planning authority for approval; requirements of the local branches of the upgrade station; the text of the local Government's land supply for construction works to upgrade the station (if any) ...;
d) text of appraisal for professional units in the center of the National Hydro meteorology.
2. construction profile upgrade (2 sets), contents include: a) the Sheets of the Center included Hydrometeorogical national valuation standards text about Hydrometeorogical of specialized units in the center of the National Hydro meteorology (if approval of the jurisdiction);
b) profile construction works to upgrade the station, which is Radio Hydrometeorogical area established under the current rules on investment and construction;
c) a copy of the decision of the Minister of the environment and resources about upgrading meteorological hydrological stations;
d) a copy of the decision to grant the land by the provincial people's Committee, the central cities, accompanied by the construction of land upgrade (if available).
3. The profile suggested bringing the work to upgrade the station into operation (2 sets), contents include: a) the Sheets of the central national Hydrometeorogical;
b) minutes of test engineering expertise, installation of equipment, machines;
c) reports of the regional hydrological meteorological Stations on the monitoring results check, evaluate the quality and the stability of the work equipment;
d) text of appraisal for professional units in the center of the National Hydro meteorology.
Chapter V DOWNGRADE HYDROGRAPHY METEOROLOGICAL STATIONS article 20. The case of the lower-level 1. According to the meteorological stations network planning hydrogeology has been approved by the authority.
2. monitoring time of one or several elements Hydrometeorogical at station has long enough, monitoring documents have to meet the requirements of research, calculation, serve, do not need additional monitoring.
3. Demand metric does not require service stations must continue to perform tasks such as current (may decrease monitoring elements, reducing the number of observation; do not need telephone, international press ...).
4. technical safety corridors being violated due to the impact of the natural conditions and socio-economic activities make the technical conditions for observation of a number of factors are no longer guaranteed, or observation is but no longer count delegates, did not reflect the true natural law of elements Hydrometeorogical as before.
5. The observation of some factors too difficult, does not guarantee the safety of the observation of a member without conditions to fix.
Article 21. The sequence of lower level 1. Reviewing, monitoring, needs assessment document situation had collected of monitoring elements; survey, evaluate the influence of technical safety corridors, natural conditions and socio-economic activities to monitoring elements; reviews on condition monitoring; reporting the proposal to downgrade the station.
2. The decision to downgrade the Authority's station.
3. Recovery of the equipment (if applicable); monitoring implementation according to the content of the provisions of the new station class.
4. While not yet having decided to downgrade, the station must still maintain the observation of normal elements. The case may not be monitoring or observation, but not safely for observation of Member, a Hydrometeorogical areas should timely report the Center National Hydrometeorogical steer opinion.
Article 22. Profile browse profiles suggest downgrade station (2 sets), contents include: 1. Sheet centres Hydrometeorogical countries;
2. Reporting, survey records the issues related to downgrade the station by Radio Hydrometeorogical areas established in accordance with paragraph 1 article 21 of this regulation;
3. The legal texts, other related techniques such as excerpts are stations network planning authority for approval; report, photos, status quo segments of the River, the River, the area of the station or the affected works...;
4. Writing the evaluation of professional units in the center of the National Hydro meteorology.
Chapter VI DISSOLUTION HYDROGRAPHY METEOROLOGICAL STATIONS Article 23. The cases of dissolution 1. The station is no longer in activity plans Hydrometeorogical station has been approved by the authority.

2. time observation of meteorological elements at the hydrological station has long enough, monitoring documents have to meet the requirements of research, calculation, serve, do not need additional monitoring.
3. The station could not exist in the old location due to the building requirements and socio-economic development, defense, State security should revoke the station's land; due to technical safety corridors were invasive; due to the influence of the natural conditions that lead to no longer qualify techniques for observation, or observation is but no longer count delegates, did not reflect the true natural law and conditions in hydrological meteorological station; observation at the station too hard or does not guarantee safety for the observation of a member that cannot be overcome, and cannot find another location satisfying the conditions to move the station as specified in article 12 of this regulation.
Article 24. The order of dissolution 1. Depending on the particular case, based on the planned network of stations, development of social-economic areas to survey, assess the impact of technical safety corridor to the station's monitoring requirements; reviews on condition monitoring, monitoring needs, the situation of the collected documents are to form the station's report, recommended dissolution of the station.
2. Decide the dissolution of the authorized stations.
3. Perform dissolved stations, recovery of the equipment.
4. While not yet having decided to dissolve, the station must still maintain normal observation. Special cases cannot continue observation, a Hydrometeorogical areas should timely report the Center National Hydrometeorogical steer opinion.
Article 25. Profile browse profiles suggest that dissolved station (2 sets), contents include: 1. Sheet centres Hydrometeorogical countries;
2. The profile surveys, reviews of issues relating to the dissolution because of the radio station Hydrometeorogical areas established in accordance with paragraph 1 article 24 of this regulation;
3. The legal texts, related techniques such as excerpts are stations network planning authority for approval; planning the social-economic development in the area of the station, the written notice revoking land station area of local government, the agreement to compensate Unfreeze (if the station is dissolved by the State land); report, photos, status quo segments of the River, the River, the station area (if the station is defunct because of ineligible to observation) ...;
4. The report of the regional hydrological meteorological history of the station, monitoring time, the collected material;
5. Due diligence documents of professional units in the center of the National Hydro meteorology.
Article 26. Handle the related matters when dissolved stations 1. The center of the National Hydro meteorology direction Hydrometeorogical area radio station articles, arranged the work for the officials and employees of the station. Home stations, monitoring work, property, land of the station are resolved according to the current rules.
2. Meteorological hydrological Stations are responsible for regional recovery, inventory, classification, maintenance of equipment, machinery, means of monitoring station; inform local authorities about the abolition of the station; plans to protect the station's altitude long-lasting mold (for stations, naval meteorology and hydrology in the landmark case not being clear).
3. the technical profile of the station to store.
Chapter VII RECEIVING SPECIALIZED HYDROMETEOROGICAL STATION on the NETWORK of METEOROLOGICAL STATIONS HYDROGRAPHY article 27. Receiving stations 1. Hydrometeorogical dedicated stations are received on the network of meteorological stations hydrography when Home construction does not require continued monitoring but sustained the position, the type of workstation fit the planning network of meteorological stations hydrography has been approved by the authorized monitoring of material, the station could serve the hospitality industry and other purposes.
2. reception conditions: a) the location of the station, a safe corridor of the station's technical specifications;
b monitoring the station's) works to meet or can upgrade to meet the specifications prescribed for basic hydrological meteorological stations;
c) conditional Stations to maintain long-term stable operation.
Article 28. The sequence of receiving 1. Process, browse the station receiving undertakings.
2. When receiving undertakings, make surveys, reviews of the technical condition of the station, improve the profile and browse.
3. Approval of the authority.
4. Reception of stations on the network.
Article 29. Profile browse profiles browse receiving specialized Hydrometeorogical station on the base station network has 2 sets of content, including: 1. Sheet centres Hydrometeorogical countries;
2. the texts of works specialized Hydrometeorogical stations established, including: a) the suggested text transfer station;
b) a copy of the technical dossier. In case no technical profile stations, needs a summary of the current state of technical stations according to the Model of annex 1 to this regulation 3;
c) copies the profile level of authority;
d) copies of records reported the nearest property of the station;
e) horizontal personnel officers of the station (if the proposal receiving officer);
3. Survey report, reviews the current state of technical safety corridors, station buildings, infrastructure, public works, equipment, monitoring equipment of the station by Radio Hydrometeorogical area, where there are specialized Hydrometeorogical station, established by the form of 4 Annex 1 to this regulation.
4. Writing the evaluation of professional units in the center of the National Hydro meteorology.
5. technical documents, other legal (if available).
Chapter VIII IMPLEMENTATION article 30. The responsibilities of the Agency, unit 1. Meteorological hydrological station area: a) survey missions, reviews the technical problems; set the records center to the National Hydro meteorology; company organization, testing machines, devices; check monitoring organization, simultaneous observation and other specialized tasks involved when building, migration, upgrade, downgrade, dissolution of basic hydrological meteorological stations, receiving specialized Hydrometeorogical stations into base stations network;
b) contact with the local Government to perform the procedures of land, compensation, clearance (if applicable).
2. Center the National Hydro Meteorology: a) organize the implementation of this regulation;
b) appraising records, suggest The approval or approval by the authority of the relevant content when established, migration, upgrade, downgrade, dissolved the hydrography, Meteorology station, receiving specialized Hydrometeorogical stations into network basic stations;
c) annual recurring General, reported The implementation of the regulation.
3. Meteorological hydrological Service: a) the appeal record, the Minister's approval;
b) urging, monitor and check the implementation of the regulation.
4. In the process of implementing the regulations, if there are difficulties and obstacles, which reflect in writing on The resources and environment to consider, resolve./.