What are the principles for determining minimum flow in Vietnam under the Law on Water Resources 2023?
What are the principles for determining minimum flow in Vietnam under the Law on Water Resources 2023?
Pursuant to the provisions of Clause 3, Article 24 of the Law on Water Resources 2023, the minimum flow shall be determined adhering to the principles below:
- Determine the minimum flow for each specific location in a river or stream and ensure the representativeness and systematicity on the river basin;
- Ensure fairness, reasonableness, harmony of interests and equality among entities exploiting and using water resources, and between upstream and downstream localities;
- Suit the characteristics and functions of water sources, flow regime of rivers and streams, terrain characteristics, water demands, role of rivers and streams in the river system; suit the scale, method of exploitation and ability to operate and regulate reservoirs;
- Conform to international agreements and treaties related to water resources with countries sharing water sources to which the Socialist Republic of Vietnam is a signatory.
Currently, pursuant to the provisions of Article 3 of Circular 64/2017/TT-BTNMT, there are principles for determining the minimum flow as follows:
(1) The determination of the minimum flow on rivers, streams, and downstream of reservoirs must be carried out for specific locations on the river, stream, and must ensure the system integrity within the river basin.
(2) Ensure fairness, reasonableness, and balance of interests and equality of rights between water exploitation and use entities, and between upstream and downstream localities.
(3) Align with the characteristics of the water source, flow regime on rivers and streams, topographic characteristics, water use needs, and the role of rivers and streams within the river system, as well as other functions of the water source. It should also be appropriate to the scale, exploitation methods, and water regulation capacity of reservoirs.
(4) Align with agreements and commitments on sharing benefits in water exploitation and use with neighboring countries sharing the same water source.
What are the principles for determining minimum flow in Vietnam under the Law on Water Resources 2023? (Image from the Internet)
Vietnam: Which rivers, streams, and reservoirs must have minimum flow determined according to current regulations?
Pursuant to the provisions of Article 5 of Circular 64/2017/TT-BTNMT, rivers, streams, and reservoirs must determine the minimum flow as follows:
(1) For rivers and streams:
- Rivers and streams that are included in the list of inter-provincial river basins and intra-provincial river basins approved by the competent state authority.
- In cases where rivers and streams are included in the list of inter-provincial river basins and intra-provincial river basins but do not have reservoirs or have not been planned for the construction of reservoirs for water exploitation and use, the competent state authority shall determine the minimum flow on the rivers and streams when planning, investing, constructing, and granting water exploitation and use permits, as specified in Article 9 of Circular 64/2017/TT-BTNMT.
- Rivers and streams that are not included in the list of inter-provincial river basins and intra-provincial river basins but have reservoirs or have been planned for the construction of reservoirs for water exploitation and use, and require water exploitation and use permits.
(2) For reservoirs:
- Reservoirs of hydropower and irrigation works that have a scale of water exploitation and use and require water exploitation and use permits, as specified by water resources laws, except for cases where the operation has already started and it is not possible to adjust and supplement the minimum flow discharge component of the project, and the competent authority for granting water exploitation and use permits shall consider and decide.
- Investment projects for the construction of reservoirs must include provisions for the arrangement of minimum flow discharge components to ensure sufficient discharge capacity to meet the requirements specified in Clause 2 of Article 4 of Circular 64/2017/TT-BTNMT.
What are the procedures for announcing the minimum flow in Vietnam?
Pursuant to the provisions of Article 9 of Circular 64/2017/TT-BTNMT, the current process of announcing the minimum flow is as follows:
(1) For rivers and streams:
- The water resource management agency advises and assists the Ministry of Natural Resources and Environment in conducting investigations, assessments, and gathering opinions from relevant ministries, including the Ministry of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, and the People's Committees of provinces and centrally-run cities (referred to as provincial People's Committees), as well as other relevant agencies and units, on the minimum flow for inter-provincial rivers and streams. They compile opinions and complete the documentation, submit it to the Ministry of Natural Resources and Environment for review and approval of the minimum flow to be announced.
- The Department of Natural Resources and Environment advises and assists the provincial People's Committee in conducting investigations, assessments, and gathering opinions from relevant departments, including the Department of Industry and Trade, Agriculture and Rural Development, Transport, Construction, Culture, Sports and Tourism, and other relevant departments, agencies, and sectors, on the minimum flow for intra-provincial rivers and streams and those specified in point b, clause 1 of Article 5 of Circular 64/2017/TT-BTNMT. They compile opinions from departments and agencies, send them to the Ministry of Natural Resources and Environment for feedback, complete the documentation, and submit it to the provincial People's Committee for review and approval of the minimum flow to be announced.
- The documentation for gathering opinions specified in point a, point b, clause 1 of Article 5 of Circular 64/2017/TT-BTNMT includes the draft decision approving the minimum flow, the list of minimum flow for rivers and streams, and the report on the determination of the minimum flow and the minimum flow diagram of the river and stream system.
- Within a maximum of ten (10) working days from the approval of the minimum flow for rivers and streams, the Ministry of Natural Resources and Environment and the provincial People's Committee shall announce the decision approving the minimum flow, along with the list of minimum flow for rivers and streams, and publish it on the official website of the Ministry of Natural Resources and Environment and the provincial People's Committee.
(2) For reservoirs:
- The reservoir owner is responsible for conducting investigations, assessments, and presenting the calculated results and proposed downstream minimum flow of their own invested, managed, and operated reservoirs in the project and the water exploitation and use report as prescribed by water resources laws and the reservoir investment project documentation.
- Within a maximum of ten (10) working days from the approval of the downstream minimum flow value at the reservoir, the Ministry of Natural Resources and Environment and the provincial People's Committee shall announce the downstream minimum flow value and publish it on the official website of the Ministry of Natural Resources and Environment and the provincial People's Committee.
The Law on Water Resources 2023 comes into force from July 1, 2024 except for Clauses 3 and 4, Article 85 of the Law on Water Resources 2023
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