Is it illegal to block water from flowing in trenches in Vietnam?

Is it illegal to block water from flowing in trenches in Vietnam?

Pursuant to Article 8 of the Law on Irrigation 2017 stipulates the prohibited acts in irrigation activities as follows:

1. Develop and establish irrigation projects in breach of the irrigation planning that has been approved by the competent authority.

2. Dump wastes or sewage within the enclosure of an irrigation project; discharge wastewater in breach of laws and regulations into irrigation projects; perform other acts polluting water existing within irrigation works or facilities.

3. Ruin or, purposely or knowingly, damage irrigation works or facilities.

4. Perform illegal acts, such as blocking, backfilling, digging, or dredging or suctioning mud, sand or gravels from, rivers, canals, trenches, lakes or ponds, which result in impacts on irrigation operations.

5. Operate motor vehicles that exceed the maximum allowable mass on irrigation works or facilities; operate motor vehicles or inland watercraft on irrigation works or facilities without compliance with prohibition signs, except for types of vehicles or transport equipment allowed for traffic participation by laws on road and inland waterway traffic.

6. Hinder audits of irrigation operations.

7. Carry out illegal abstraction of water from irrigation works or facilities.

8. Operate irrigation works or facilities without obtaining permission; operate irrigation works or facilities in breach of regulatory procedures approved by the competent authority.

9. Protest, hinder or disobey the decision issued by a competent entity or person in response to emergencies taking place inside the perimeters of irrigation projects.

10. Encroach upon and illegal use land inside the perimeter of an irrigation work or facility.

11. Perform activities inside the perimeter of a irrigation work or facility without obtaining any license or carry out activities that are not specified in the license to carry out operations referred to in Article 44 hereof.

According to this Article, the act of blocking the flow of trench water and affecting irrigation operations in Vietnam will be a violation of the law.

What are administrative penalties for blocking water from flowing in trenches that affecting irrigation operations in Vietnam? 

Pursuant to Point c, Clause 7, Point a, Clause 9, Article 24 of Decree 03/2022/ND-CP stipulating violations against regulations on assurance of hydraulic structure safety as follows:

7. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

c) Illegally blocking, backfilling, digging or dredging or suctioning mud, sand or gravels from, rivers, canals, trenches, lakes or ponds, which is not so serious that criminal prosecution may be brought;

9. Remedial measures:

The violator is compelled to:

a) restore to the original condition if any of the violations specified in clause 1; points a, b, c, d and dd clause 2; clause 4; clause 5; points a, b and c clause 6; clause 7; clause 8 of this Article is committed;

According to Clause 2, Article 6 of Decree 03/2022/ND-CP, regulations on fines and power to impose penalties are as follows:

2. The fines for administrative violations specified in this Decree are imposed upon individuals, except for the violations specified in Article 16 and clause 2 Article 17 of this Decree, the fines therefor are imposed upon organizations.

Thus, the person who acts to prevent the water from flowing from the trench and affecting the irrigation operations in Vietnam will be fined from 30,000,000 VND to 50,000,000 VND and forced to restore the original condition.

Best Regards!