Supplementing the responsibility of Vietnam decentralization and assignment of management of irrigation works of the Ministry of Agriculture and Rural Development from August 1, 2022?
- Decentralization of management of irrigation works before August 1, 2022 is regulated, including which Vietnam decentralization?
- Amending and supplementing regulations on assignment of responsibilities in Vietnam decentralization irrigation project management?
- What are the regulations on classification of irrigation works?
Decentralization of management of irrigation works before August 1, 2022 is regulated, including which Vietnam decentralization?
Pursuant to Article 15 of Circular 05/2018/TT-BNNPTNT stipulating the Vietnam decentralization of management of irrigation works as follows:
"Article 15. Decentralization of management of irrigation works
1. The Ministry of Agriculture and Rural Development manages special important irrigation works.
2. The Ministry of Agriculture and Rural Development shall manage or decentralize the People's Committee of the province to manage irrigation works whose exploitation and protection involves two or more provinces. The list of assigned tasks of management of irrigation works whose exploitation and protection involves two or more provinces is specified in Appendix II issued together with this Circular.
The Minister of Agriculture and Rural Development shall decide to adjust and supplement the list of works decentralized to the People's Committee of the province for management based on the effectiveness of local project management.
3. Provincial-level People's Committees shall manage or decentralize district-level People's Committees to manage irrigation works in their respective localities based on specific local conditions, except for the case specified in Clause 1, Clause 1 of this Article. 2, Clause 4 of this Article.
4. Irrigation works built by organizations or individuals themselves, such organizations or individuals shall have to manage them.
5. The focal point of irrigation works performing tasks related to dykes, the decentralization of work management must conform to the provisions of the law on dykes and relevant provisions of law."
Thus, regulations on Vietnam decentralization of management of irrigation works are specified as above.
Amending and supplementing regulations on assignment of responsibilities in Vietnam decentralization irrigation project management?
Pursuant to Clause 2, Article 15 of Circular 05/2018/TT-BNNPTNT decentralizing the management of irrigation works (amended by point a, clause 5, Article 1 of Circular 03/2022/TT-BNNPTNT) as follows:
"Article 15. Decentralization of management of irrigation works
...
2. The Ministry of Agriculture and Rural Development shall manage or decentralize the People's Committee of the province to manage irrigation works whose exploitation and protection involves two or more provinces. The list of assignment of management tasks for works whose exploitation and protection is related to 02 or more provinces is specified in Appendix II issued together with this Circular.
..."
Pursuant to the provisions of Clauses 6 and 7, Article 1 of Circular 03/2022/TT-BNNPTNT supplementing the following provisions:
"6. To add Article 15a after Article 15 as follows:
“Article 15a. Assigning responsibilities in the management of decentralized irrigation works
1. Ministry of Agriculture and Rural Development:
a) Summarize, arrange and include in the investment list for repair, upgrading and modernization of works decentralized to local management in investment plans from the state budget capital and other lawful capital sources. ;
b) Building and managing the database on irrigation; organize the observation, supervision and forecast of water sources and water quality in service of the direction, administration and operation of irrigation works;
c) Review and approve the adjustment of irrigation work tasks; d) To guide and inspect the implementation of the law on irrigation. 2. Provincial People's Committee:
a) Perform the owner's responsibilities for decentralized irrigation works in accordance with law;
b) Direct the management of irrigation works, the unit exploiting the irrigation works in the locality to perform the management and exploitation of the irrigation works in accordance with the provisions of the Law on Irrigation and relevant laws;
c) Report on the results of the management and exploitation of irrigation works at the request of the Ministry of Agriculture and Rural Development or when violations occur in the management, exploitation and safety assurance. construction.".
To add Article 15b after Article 15a as follows:
“Article 15b. Implement management decentralization
1. After the Ministry of Agriculture and Rural Development decentralizes project management to localities, relevant agencies under the Ministry of Agriculture and Rural Development, and provincial-level People's Committees are responsible for giving advice to owners. The owner assigns tasks to the project manager and operating unit.
2. Irrigation infrastructure assets shall be assigned and handled according to the provisions of the Law on Management and Use of Public Property.
3. Handover of project documents:
a) For newly completed construction projects, the investor shall hand over the dossier to the exploitation management unit in accordance with the law on construction;
b) For works that have been put into management and operation, the currently managing unit operating the works shall hand over all relevant documents to the newly assigned mining unit. The handover must be recorded in writing, certified by the relevant parties.”
Thus, the assignment of responsibilities in the management of Vietnam decentralization irrigation works and the implementation of management Vietnam decentralization is added to Article 15 of Circular 05/2018/TT-BNNPTNT on Vietnam decentralization of management of irrigation works specified in Article 15 of Circular No. determined as above.
Supplementing the responsibility of Vietnam decentralization and assignment of management of irrigation works of the Ministry of Agriculture and Rural Development from August 1, 2022?
What are the regulations on classification of irrigation works?
Pursuant to Article 5 of Decree 67/2018/ND-CP stipulating the classification of irrigation works as follows:
"Article 5. Decentralization of irrigation works
Decentralization of irrigation works to design works and to manage other contents specified in national technical standards and regulations and relevant laws.
1. The grade of irrigation works is determined according to the following principles:
a) Determine the grade of works according to the service capacity, water storage capacity of the reservoir, technical characteristics and geological conditions of the base of the works in the focal cluster. The grade of irrigation works is the highest level among the levels determined according to each of the above criteria.
b) The grade of the focal works is determined to be the grade of the irrigation works. The level of the water conduit and transfer system is smaller than the level of the focal works and gradually decreases with the narrowing of the service scope. The level of the lower-level water conduction and transfer system is one level lower than that of the upper-level water transfer and transfer system.
2. The grade of irrigation works is specified in Appendix II issued together with this Decree."
Thus, the classification of irrigation works is specified as above.
Circular 03/2022/TT-BNNPTNT takes effect from August 1, 2022.
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