Processes for operation of irrigation projects in Vietnam

Processes for operation of irrigation projects in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is irrigation water work or facility?

According to Clause 3, Article 2 of the Law on Irrigation 2017, irrigation water work or facility (hereinafter referred to as irrigation project) is defined as a water infrastructure engineering project, including dams, reservoirs, sluice gates, pumping stations, water channeling, diversion and transfer systems, levees, dykes or embankments, and other structures for irrigation water management, exploitation and operation purposes.

2. Processes for operation of irrigation projects in Vietnam

Processes for operation of irrigation projects according to Article 24 of the Law on Irrigation 2017 is as follows:

- Organizations or individuals obtaining permission for exploitation or utilization of irrigation projects shall operate these projects in compliance with processes approved by relevant regulatory authorities.

- Responsibilities for establishing and revising processes for operation of irrigation projects shall be prescribed as follows:

+ The investor in irrigation projects shall establish operational processes and request relevant regulatory authorities for approval prior to commencement of operation;

+ With respect to irrigation projects that are currently exploited or utilized without operational processes, organizations or individuals obtaining permission for exploitation or utilization of irrigation projects shall have the burden of preparing their operational processes for submission to relevant regulatory authorities to apply for approval of these processes;

+ With respect to irrigation projects that are currently exploited or utilized in conformity with outdated operational processes, individuals obtaining permission for exploitation or utilization of irrigation projects shall have the burden of revising their operational processes and submitting revised processes to relevant regulatory authorities to apply for their approval of these processes.

- Authority to approve and publish the processes for operation of irrigation projects shall be subject to the following provisions:

+ The Ministry of Agriculture and Rural Development approves and releases the processes for operation of irrigation projects managed by itself;

+ The provincial-level People’s Committee approves or vests the district-level People’s Committee with delegated authority to approve or release the processes for operation of irrigation projects that fall under its remit, except those specified by Point a of this Clause and Clause 4 of Article 24 of the Law on Irrigation 2017.

- Organizations or individuals obtaining permission for direct exploitation or utilization small-scale irrigation projects shall have the burden of establishing and releasing operational processes on their own.

3. Regulations on operation and utilization of irrigation projects for agricultural production purposes in Vietnam

Regulations on operation and utilization of irrigation projects for agricultural production purposes according to Article 25 of the Law on Irrigation 2017 are as follows:

- Irrigation projects for the purpose of irrigation and water drainage for concentrated rice monocropping fields shall be operated proactively and in a manner that water volume and quality must be assured, and advanced, modern, cost-efficient and effective technical procedures for agricultural production must be applied.

- Irrigation works or facilities for irrigation or water drainage of upland crops shall be operated in conformity with the following requirements:

+ Crop irrigation and water drainage are carried out in a proactive manner, water volume and quality are assured, and advanced, modern, cost-efficient and effective technical procedures for agricultural production are applied for concentrated cropping areas or cropping areas where rice cultivation fields are converted into upland crop cultivation fields;

+ High and advanced technologies are applied; irrigation technologies appropriate for specific crops are used for saving of water; advanced irrigation practices are duly combined with advanced cropping methods.

- Irrigation works or facilities for supply and drainage of water for aquacultural production purposes shall be operated in conformity with the following requirements:

+ Water supply and drainage systems get ready for use and meet advanced and modern technical procedures for aquacultural production at intensive aquaculture concentrated areas;

+ Volume and quality of water supplies meet regulations applied for intensive aquaculture concentrated areas;

+ High and advanced technologies are applied for supply and utilization of water for aquacultural production purposes.

- Operation and utilization of irrigation projects for crop irrigation, supply and drainage of water for other agricultural production purposes shall conform to requirements that water volume and quality must be assured, water must be used in an efficient and effective manner, and demands of different classes of water consumers must be satisfied.

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