Guidance on the implementation of regulations on water resources related to irrigation in Vietnam

Guidance on the implementation of regulations on water resources related to irrigation in Vietnam (Image from the internet)

On July 15, 2024, the Ministry of Agriculture and Rural Development issued Official Dispatch 5005/BNN-TL on the implementation of regulations on water resources related to irrigation in Vietnam.

Guidance on the implementation of regulations on water resources related to irrigation in Vietnam

The Ministry of Agriculture and Rural Development of Vietnam requests the People's Committees of provinces and centrally affiliated city to direct the Department of Agriculture and Rural Development, irrigation works exploitation organizations, and relevant agencies and units to perform the following tasks:

- Organize the thorough understanding, propagation, and dissemination of the Law on Water Resources and detailed regulations on certain articles of the Law related to irrigation.

- The Department of Agriculture and Rural Development shall take the lead in reviewing and advising the provincial People's Committee to issue plans to implement contents related to water resources law in the irrigation sector within the local jurisdiction, ensuring compatibility with other relevant legal regulations.

- Based on water resource scenarios and management, exploitation, and use requirements of water resources, develop plans for water resources exploitation and use (as prescribed in Clause 6 Article 35 of the Law on Water Resources and Article 43 of Decree 53/2024/ND-CP); Direct the regulation, coordination, and distribution of water resources in case of drought or water shortage within the irrigation system as per legal regulations on irrigation (as prescribed in Article 36 of the Law on Water Resources).

- The Department of Agriculture and Rural Development shall lead and cooperate with the Department of Natural Resources and Environment to review and urge irrigation works exploitation organizations to register or obtain permits for water exploitation and use under the Law on Water Resources and Decree 54/2024/ND-CP. For irrigation works constructed and exploited before January 1, 2013, that have not been registered or licensed for water resource exploitation and use, the procedures for registration and licensing must be completed by June 30, 2027, at the latest (Clause 6 Article 86 of the Law on Water Resources).

The 2023 Law on Water Resources has now abolished the competency requirements for consulting units drafting water resource projects and reports as listed in Appendix IV of the Law on Investment. Therefore, irrigation works exploitation organizations can self-draft water resource exploitation projects as prescribed by Decree 54/2024/ND-CP.

- The Department of Agriculture and Rural Development and irrigation works exploitation organizations must report to the competent authorities according to the plan, invest in installing monitoring equipment, supervise water resources, and connect, transmit data, and conduct automatic and continuous monitoring to supervise online parameters as prescribed by Decree 53/2024/ND-CP by July 1, 2027, for works constructed before January 1, 2013, and complete by December 31, 2025, for works constructed from January 1, 2013, to before July 1, 2024. During the period before completing the installation of equipment, connection, and data transmission for online supervision, it is recommended that organizations and individuals with water resource exploitation works update monitoring data periodically on the parameters specified in Clause 1 Article 90 of Decree 53/2024/ND-CP.

During the implementation of the aforementioned legal documents, if there are difficulties or issues, the provincial People's Committee is requested to report to the Ministry of Agriculture and Rural Development (via the Department of Water Resources) or the Ministry of Natural Resources and Environment of Vietnam (via the Department of Water Resource Management) for consideration and guidance.

More details can be found in Official Dispatch 5005/BNN-TL issued on July 15, 2024.

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