New Regulations on the Declaration and Registration of Dam and Reservoir Safety

Decree 114/2018/ND-CP has been promulgated by the Government of Vietnam on September 4, 2018, stipulating the management of safety for dams and reservoirs, applicable to domestic organizations and individuals; foreign organizations and individuals involved in activities related to dams and reservoirs within the territory of Vietnam.

According to Decree 114, the responsibilities for declaration and the responsibilities for receiving the safe declaration registration of dams and water reservoirs are stipulated as follows:

1. Declaration Responsibilities

- The investor constructing the dam or water reservoir shall prepare and submit the safe declaration registration for the dam or water reservoir to the competent authority within 30 working days from the date of acceptance for exploitation.- In case the dam or water reservoir is already in operation but has not yet declared the safety registration, the organization or individual exploiting the dam or water reservoir shall prepare and submit the safety declaration registration for the dam or water reservoir to the competent state authority within 45 working days from September 4, 2018.- For dams or water reservoirs that are in operation and undergo changes in scale, purpose of use; change of ownership, management, organization, or individual exploitation, the organization or individual exploiting must adjust and send the updated safety declaration registration for the dam or water reservoir to the competent state authority within 15 working days from the date of change.

The safety declaration registration form for the dam or water reservoir is in the Appendix issued together with Decree 114.

2. Responsibilities for Receiving the Safe Declaration Registration

For irrigation dams and reservoirs:

- The district-level People's Committee shall receive the safe declaration registration for small irrigation dams and reservoirs in the locality.- The Department of Agriculture and Rural Development shall receive the safe declaration registration for exceptionally important, large, and medium-sized irrigation dams and reservoirs within their management scope.- The Department of Agriculture and Rural Development shall aggregate, build a database of technical parameters, and management information of irrigation dams and reservoirs in the locality; report to the provincial People's Committee and the Ministry of Agriculture and Rural Development.

For hydroelectric dams and reservoirs: The Department of Industry and Trade shall receive the safe declaration registration for hydroelectric dams and reservoirs; aggregate, build a database of technical parameters, and management information of hydroelectric dams and reservoirs in the locality; report to the provincial People's Committee and the Ministry of Industry and Trade.

Decree 114/2018/ND-CP is effective from September 4, 2018.

- Thanh Lam -

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