Activities carried out within the protected zone of dams and reservoirs requiring license in Vietnam

Activities within the protection scope of dams and reservoirs require permits (Image from the Internet)

1. Regulations on the dam and reservoir protection in Vietnam

- Owners of hydropower dams and reservoirs; organizations, and individuals exploiting irrigation dams and reservoirs, are responsible for developing a protection plan for the dams and reservoirs.

- The protection plan for dams and reservoirs includes the following main contents:

+ Geographical characteristics, design parameters, layout plan of the project, and boundary demarcation of the protection scope for dams and reservoirs;

+ Management, exploitation, and protection status of dams and reservoirs;

+ Regular, periodic, and unscheduled reporting and inspection regimes;

+ Regulations on limiting or prohibiting heavy vehicles from passing within the protection scope of the works; fire prevention and fighting regulations; protection of safety where documents, warehouses storing explosives, flammable materials, hazardous substances are kept;

+ Organization of forces and assignment of responsibilities for the dam and reservoir protection; equipment to support protection work;

+ Organizing the inspection and control of people and vehicles entering and leaving the facilities;

+ Preventing, detecting, and stopping acts of infringement and sabotage of the works and surrounding areas of the dams and reservoirs;

+ Protecting and addressing issues when the dams and reservoirs have incidents or are at risk of incidents;

+ Resources for the implementation of the plan;

+ Responsibilities of owners, managers, organizations, individuals exploiting the dams and reservoirs, local governments, and related agencies and units.

- Irrigation dams and reservoirs must have boundary markers indicating the protection scope according to regulations from the Minister of Agriculture and Rural Development.

- Responsibility for marking the protection scope of irrigation dams and reservoirs

+ Investors in the construction of irrigation dams and reservoirs are responsible for marking the protection boundary scope. The cost of marking is included in the total investment of the construction project;

+ For operational irrigation dams and reservoirs that have not had markers delineating the protection scope or if the existing scope is no longer appropriate, the organizations or individuals exploiting the dams and reservoirs are responsible for marking the protection scope. The cost of marking is taken from financial resources in management, exploitation, and other legal sources.

- Authority to approve the protection plan for dams and reservoirs

+ The Ministry of Agriculture and Rural Development approves the protection plan for dams and reservoirs under the ministry's management;

+ The Ministry of Industry and Trade approves the protection plan for dams and reservoirs built in two or more provinces;

+ Provincial People's Committees approve or decentralize the approval to district-level People's Committees for the protection plan for dams and reservoirs in the locality, except for dams and reservoirs regulated in point a, point b clause 5 Article 23 and clause 6 Article 23 Decree 114/2018/ND-CP.

- Organizations and individuals exploiting small dams and reservoirs decide on the protection plan for the dams and reservoirs.

- The implementation of protection plans for important dams and reservoirs related to national security is conducted according to the regulations of this Decree and laws on the protection of important works related to national security.

(According to Article 23 Decree 114/2018/ND-CP)

2. Activities carried out within the protected zone of dams and reservoirs requiring license

- Within the protection scope of dams and reservoirs, activities must have permits from the competent state management agency, including:

+ Construction of new works;

+ Establishment of stations, depots for gathering raw materials, fuels, materials, supplies, and vehicles;

+ Geological drilling and excavation; exploration and mining of minerals, building materials, and groundwater extraction;

+ Discharge of wastewater into the reservoir, except for small-scale discharge without harmful substances, radioactive substances;

+ Planting perennial trees;

+ Tourism, sports, scientific research, business, and service activities;

+ Operations of inland waterway vehicles, motor vehicles, except for motorcycles, motorbikes, and rudimentary inland waterway vehicles;

+ Aquaculture;

+ Blasting and other explosive activities;

+ Construction of underground works.

- The issuance, reissuance, extension, adjustment, suspension, and revocation of permits for activities within the protection scope of irrigation dams and reservoirs are performed according to the provisions of Chapter IV Decree 67/2018/ND-CP, detailing certain provisions of the Water Resources Law 2017.

- The issuance, reissuance, extension, adjustment, suspension, and revocation of permits for activities within the protection scope of hydropower dams and reservoirs are conducted according to the provisions of Chapter IV Decree 67/2018/ND-CP, detailing certain provisions of the Water Resources Law 2017, except as provided in Article 16, Article 17 Decree 114/2018/ND-CP. Authority for issuance, reissuance, extension, adjustment, suspension, and revocation of permits and the agency receiving the application for permits are stipulated as follows:

+ The Ministry of Industry and Trade issues, reissues, extends, adjusts, suspends, and revokes permits for activities requiring permits within the protection scope of important special hydropower dams and reservoirs, except for activities stipulated at point d clause 1 Article 22 Decree 114/2018/ND-CP.

+ The Industrial Safety Techniques and Environment Agency is the agency receiving permit applications under the authority of the Ministry of Industry and Trade;

+ Provincial People's Committees issue, reissue, extend, adjust, suspend, and revoke permits for activities within the protection scope of hydropower dams and reservoirs in the locality, except for dams and reservoirs stipulated at point a clause 3 Article 22 Decree 114/2018/ND-CP;

+ The Department of Industry and Trade is the agency receiving permit applications under the authority of the provincial People's Committees.

(According to Article 22 Decree 114/2018/ND-CP)

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