Requirements concerning development of small-scale and inter-field irrigation projects in Vietnam

Requirements concerning development of small-scale and inter-field irrigation projects in Vietnam (Internet image)

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

1. Requirements concerning development of small-scale and inter-field irrigation projects in Vietnam

Requirements concerning development of small-scale and inter-field irrigation projects in Vietnam according to Article 49 of the Law on Irrigation 2017 are as follows:

- Align with irrigation and related plans which have been approved.

- Ensure that infrastructure facilities of small-scale and inter-field irrigation projects meet requirements that irrigation and drainage technologies are advanced, modern, synchronous, closed and match a variety of agricultural demands; proactive actions are taken to drain water for production and domestic purposes.

- Apply advanced and water-efficient technologies and technical solutions, and prevent any water loss occurring during the process of construction, management and operation of irrigation projects.

- Organizations or individuals obtaining permission for use of irrigation products or services shall be charged with investing in development of small-scale and inter-field irrigation projects.

2. Regulations on management, operation and utilization of small-scale and inter-field irrigation projects in Vietnam

Regulations on management, operation and utilization of small-scale and inter-field irrigation projects according to Article 50 of the Law on Irrigation 2017 are as follows:

- Grassroots-level irrigation institutions obtaining permission for management and operation and utilization of small-scale and inter-field irrigation projects shall include:

+ Cooperatives;

+ Artels.

- Grassroots-level irrigation institutions referred to in Clause 1 of this Article shall be authorized to establish and operate in accordance with laws and regulations on cooperatives, civil laws and rules or statutes ratified by majority of an organization, and certification by the commune-level People's Committee; all of consumers of irrigation products or services shall be members of grassroots-level irrigation institutions.

- Grassroots-level irrigation institutions shall be given options of either directly managing, operating, exploiting, or designating other organizations or individuals to manage, operate or exploit small-scale and inter-field irrigation projects.

- If grassroots-level irrigation institutions have sound competence, unions of grassroots-level irrigation institutions shall be established to acquire transferred authority over the water channeling and transfer system connected to the system of inter-field irrigation projects.

- The People’s Committees of communes where grassroots-level irrigation institutions, referred to in Clause 1 of Article 50 of the Law on Irrigation 2017, have not been established yet, shall take over responsibilities assigned these grassroots-level irrigation institutions.

3. Rights and responsibilities of organizations or individuals for irrigation operations in Vietnam

Rights and responsibilities of organizations or individuals for irrigation operations in Vietnam according to Article 53 of the Law on Irrigation 2017 are as follows:

- Consume irrigation products or services under the provisions of this Law and other relevant legislation.

- Contribute opinions on irrigation operations in accordance with laws.

- Invest in development, construction, management, operation, utilization and protection of irrigation works or facilities.

- Take part in oversight of irrigation operations carried out by authorities, entities or individuals.

- Participate in programs for dissemination, communication and promotion of awareness of legal knowledge about irrigation matters.

- Get involved in dealing with any failure or breakdown that may happen to irrigation projects due to consequences of natural disasters under the personnel arrangement decision granted by competent regulatory authorities.

- Protect the quality of water inside irrigation projects.

4. Rights and responsibilities of organizations or individuals obtaining permission for operation and utilization of irrigation projects in Vietnam

Rights and responsibilities of organizations or individuals obtaining permission for operation and utilization of irrigation projects according to Article 54 of the Law on Irrigation 2017 are as follows:

- Have rights and responsibilities specified in Article 53 of the Law on Irrigation 2017.

- Use assigned resources to increase capability of supplying irrigation products and services in accordance with laws; hold the right to collect payments for supply of irrigation products and services as agreed upon in contracts.

- Decide, at their discretion, the portion of profit earned from supply of other irrigation products and services after discharge of tax obligations to the State Budget.

- Draw up and conduct implementation of business plans and plans for supply of irrigation products and services. It is obligatory for them to conduct an opinion poll on, and notify organizations or individuals obtaining permission for use of irrigation products and services of, the plan for supply of irrigation products and services.

- Carry out tasks of management, operation and utilization of irrigation projects as specified by Article 20 of the Law on Irrigation 2017.

- Manage and utilize land pieces that belong to the protected zone of irrigation project in accordance with laws.

- Operate irrigation works or facilities according to assigned duties and operational processes approved by competent state authorities.

- Protect irrigation projects; prevent and take action against any encroachment upon or damage to irrigation projects.

- Carry out abstraction of water inside irrigation projects.

- Make a request to relevant competent authorities to grant their approval and execute the plan for response to natural disasters and the plan for protection of irrigation projects in accordance with the Law on Irrigation 2017.

- Petition the People’s Committees at all levels governing local jurisdictions where irrigation projects are located to take necessary action to protect and assure safety for these projects in the event that any encroachment or emergency risk arises.

- Request owners of irrigation projects to provide funds for maintenance, improvement, construction, modernization and handling of failures or breakdowns of irrigation projects in accordance with this Law and other regulations of relevant laws.

- Send a petition to competent state authorities or file a lawsuit to the Court to deal with failure of organizations or individuals to pay for their use of irrigation products and services, and resolve any contract-related disputes.

- Guide, strengthen and develop grassroots-level irrigation institutions; create opportunities for consumers of irrigation products and services to get involved in drawing up the plan for management and operation and the plan for protection of irrigation project.

- Provide support for consumers of irrigation products and services for conversion into cultivation of crops of high economic value, and use of advanced and water-efficient irrigation technologies.

- Unilaterally terminate supply of irrigation products and services in case there is any risk to safety of irrigation projects or water does not meet required standard; consumers of irrigation products or services do not pay for use of these products or services, or commit any violation against other contractual terms and conditions, or as decided by competent regulatory authorities.

- File a petition, bring an action and pay compensation for any loss or damage arising in accordance with laws.

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