01:00 | 09/02/2024

What are the responsibilities of entities exploiting water resources for agricultural production in Vietnam?

What are the responsibilities of entities exploiting water resources for agricultural production in Vietnam? - asked Mrs. L.B.Y (Tay Ninh)

What are the responsibilities of entities exploiting water resources for agricultural production in Vietnam?

Pursuant to the provisions of Article 44 of the Law on Water Resources 2023, the exploitation of water resources for agricultural production is carried out as follows:

Organizations and individuals exploiting water resources for agricultural production shall:

- Adopt solutions for water conservation, prevention and control of acidity, salinity and soil erosion without polluting water sources;

- Comply with the procedures for operating reservoirs and inter-reservoirs and operating works and hydraulic structures according to Article 38 of Law on Water Resources 2023 and law on irrigation;

- Operate reservoirs, works and hydraulic structures in a manner that serves their intended purposes, maintains flow circulation and minimum flow as prescribed in Article 24 of Law on Water Resources 2023 and does not cause stagnation or pollution of water sources; carry out monitoring of water resources and supervision of water resource exploitation according Article 51 of Law on Water Resources 2023; use water economically, minimize loss and waste, improve water use efficiency, and combine improvement, restoration and development of water sources.

The Ministry of Agriculture and Rural Development and provincial People’s Committees shall, within their jurisdiction, bear the following responsibility:

- Review and adjust procedures for operating reservoirs, works and hydraulic structures, ensuring the economical, efficient and multi-purpose of water, preventing water loss and waste and maintaining flow circulation within the system of works without causing stagnation or pollution of water sources;

- Direct and organize the restructuring of crop seasons or types of crops or livestock animals in a manner that suits the supply capacity of water sources, water source scenarios and plans to regulate and distribute water resources as specified in Article 35 and Article 36 of Law on Water Resources 2023; apply advanced, economical and effective irrigation technologies.

What are the responsibilities of entities exploiting water resources for agricultural production in Vietnam?

Vietnam: Do organizations or individuals exploiting water resources for agricultural production have to pay fees for water resource exploitation right?

Pursuant to the provisions of Clause 2, Article 69 of the Law on Water Resources 2023:

An organization or individual is not required to pay a fee for water resource exploitation right in the following circumstances:
a) Exploit seawater;
b) Exploit and use water resources for domestic activities, agricultural production, aquaculture, industrial production, waterway traffic, hydropower, irrigation, sports, tourism, business, services, source creation, saltwater intrusion prevention, inundation prevention or landscape creation as prescribed in clauses 3, 4 and 5 Article 52 of this Law;
c) Exploit water resources for the purposes of source creation, saltwater intrusion prevention, inundation prevention or landscape creation as prescribed in clause 1 Article 52 of this Law;

Thus, organizations or individuals exploiting water resources for agricultural production are not required to pay a fee for water resource exploitation right according to the latest regulations.

What are 06 new State policies on water resources in Vietnam under the Law on Water Resources 2023?

Based on the provisions of Article 4 of the Law on Water Resources 2023, there are 06 State policies on water resources as follows:

(1) Modernize and professionalize the management of water resources in the direction of managing national water resources on the digital platform through the national water resources information system and database, and system of decision support tools, ensuring the efficient use of resources for water resources management.

(2) Prioritize the investment in the prospecting, exploration and exploitation of water sources, water retention and restoration of deteriorated, depleted or polluted water sources; offer incentives for water exploitation projects aiming to supply domestic and production water to inhabitants in areas facing fresh water scarcity, ethnic minority areas, mountainous areas, border areas, on islands, disadvantaged areas, extremely disadvantaged areas; enable the poor, women, children, persons with disabilities and other vulnerable persons to have access to domestic water.

(3) Prioritize the investment in creation of water resources monitoring and surveillance network, national water resources information system and database, and enhancement of the capacity for forecasting water resources, floods, inundations, droughts, saltwater intrusion, sea level rise and other damage caused by water.

(4) Encourage, incentivize, and assist organizations and individuals to participate in conducting baseline survey of water resources; protect and develop water sources and water generation sources; store water and restore deteriorated, depleted, and polluted water sources; regulate and distribute water resources; prevent, respond to and recover damage caused by water.

(5) Encourage organizations and individuals to develop and apply standards, research, transfer and apply advanced science and technology to manage, protect, restore and develop water resources; exploit and use water in an economical and effective manner, use water in a circular manner, reuse water; convert seawater into fresh water; collect and use rainwater, artificially recharge groundwater; restore deteriorated, depleted and polluted water sources; prevent, respond to and recover damage caused by water.

(6) Expand and strengthen international integration and cooperation in water resources.

The Law on Water Resources 2023 comes into force from July 1, 2024, except for the cases specified in Clauses 3 and 4, Article 85 of the Law on Water Resources 2023.

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