Enhancement of the handling of violations in the protection scope of irrigation works in Vietnam

Enhancement of the handling of violations in the protection scope of irrigation works in Vietnam (Internet image)

On March 29, 2024, the Ministry of Agriculture and Rural Development issued Official Dispatch 2271/BNN-TL on the enhancement of the handling of violations in the protection scope of irrigation works.

Enhancement of the handling of violations in the protection scope of irrigation works in Vietnam 

To enhance the effectiveness and efficiency of state management and law enforcement in the management and handling of violations in the protection scope of irrigation works, ensuring the water quality for agricultural production and the safety of irrigation works, especially during the flood season in 2024, the Ministry of Agriculture and Rural Development proposes that the Provincial People's Committee strengthen the guidance and implementation of measures to effectively handle violations related to the safety of irrigation works (construction of houses, temporary houses, workshops, warehouses, tents, construction of boundary walls, etc.), demarcate the protection scope of irrigation works, as follows:

(1) Regarding the handling of violations within the protection scope of irrigation works:

* Continue organizing statistics and classification of violations within the protection scope of irrigation works; clarify the nature, extent, causes, and handling directions; and propose recommendations to competent authorities for consideration and decision.

- Direct the Department of Agriculture and Rural Development to take the lead, coordinate with relevant agencies and sectors to formulate and issue a coordination and handling regulation for violations of irrigation works within the province. This regulation should specify the procedures for handling and the responsibilities of the Department, sectors, and People's Committees at all levels, as well as the units responsible for operating the irrigation works, as follows:

- Responsibilities of inspection, detection, and recommendation for handling violations:

The unit responsible for operating the irrigation works is responsible for inspecting, detecting, taking timely preventive measures, and recommending the handling of violations of the law within the protection scope of the irrigation works.

- Responsibilities for handling violations:

+ The commune-level People's Committee is responsible for handling the recommendations of the unit responsible for operating the irrigation works regarding violations of the law within the protection scope of irrigation works; preventing and handling violations of the law on water resources; detecting and promptly handling cases of encroachment, occupation, and unauthorized use of land within the safety corridor of the works; promptly preventing unauthorized construction within the safety corridor of the works; requiring individuals who violate the law to restore the status of the land prior to the violation; in cases where the penalties exceed their jurisdiction, prepare a dossier and report to the district-level People's Committee for penalties in accordance with the provisions of Decree 03/2022/ND-CP and Decree 91/2019/ND-CP as amended by Decree 04/2022/ND-CP.

+ The district-level People's Committee is responsible for handling the recommendations of the relevant agency, the unit responsible for operating the irrigation works, and the commune-level People's Committee within the time limit prescribed by law. In cases where the penalties exceed their jurisdiction, prepare a dossier and report to the Chairman of the provincial-level People's Committee for penalties in accordance with the provisions of administrative penalties, land laws, and water resources laws.

+ The Department of Agriculture and Rural Development directs the unit responsible for operating the irrigation works to report on the situation and results of handling violations. In cases where violations are not handled within the prescribed time limit, the Department of Agriculture and Rural Development is responsible for urging the district-level People's Committee and recommending the provincial-level People's Committee to handle them according to regulations.

2. Regarding the demarcation of the protection scope of irrigation works and the guidance for the unit responsible for operating the irrigation works in the area:

- Develop and submit to the provincial-level People's Committee for approval a plan for demarcating the boundaries of irrigation works (prioritizing the implementation for works at risk of encroachment and occupation within the protection scope); take the lead and coordinate with the district-level People's Committee and commune-level People's Committee where the works are located in publicly announcing the boundaries of the safety corridor and installing boundary markers on-site, and hand over the boundary markers to the commune-level People's Committee for management according to the provisions of Article 2 of the Law on Irrigation 2017, Article 2 and Article 3 of Decree 43/2014/ND-CP., and Circular 05/2018/TT-BNNPTNT as amended by Circular 03/2022/TT-BNNPTNT.

- Take the lead and coordinate with the commune-level People's Committee and the Department of Natural Resources and Environment in the area to review the current land use status within the safety corridor of the works and make recommendations to the competent state agencies for resolution according to the provisions of Article 48 of the Law on Irrigation 2017 and Article 4 of Decree 43/2014/ND-CP.

(3) Handling the risk of water pollution in irrigation works

Currently, water pollution in some irrigation systems is occurring to varying degrees. To address this issue, it is proposed that the Provincial People's Committee direct the relevant departments and sectors to implement the following:

- Deploy solutions to collect and treat domestic wastewater from urban areas and concentrated residential areas, as well as wastewater from craft villages and livestock farms in the province, in accordance with the regulations stated in Articles 56, 57, and 86 of the Law on Environmental Protection 2020, Decree 08/2022/ND-CP, and Decree 80/2014/ND-CP as amended by Decree 98/2019/ND-CP.

- Review and assess the capacity to receive wastewater from irrigation works. In cases where irrigation works no longer have the capacity to bear the load, no permits should be granted, as stated in Clause 2 of Article 7 of the Law on Environmental Protection 2020.

- Strengthen inspection, detection, prevention, and handling of violations causing water pollution in irrigation works.

- Enhance information and communication activities to raise the awareness and responsibility of the public, as well as relevant agencies and organizations, in protecting the environment and water quality in irrigation works. Promote water conservation and efficient use, as well as proper management of wastewater discharge and waste collection within the protection scope of irrigation works.

More details can be found in Official Dispatch 2271/BNN-TL, taking effect on March 29, 2024.

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