What are the requirements for Investment in construction of dams and reservoirs in Vietnam?

What are the requirements for Investment in construction of dams and reservoirs in Vietnam? (Internet image)

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

1. What are the requirements for Investment in construction of dams and reservoirs in Vietnam?

According to Clause 1, Article 18 of the Law on Irrigation 2017, investment in construction of dams and reservoirs shall satisfy requirements set forth in Article 17 of the Law on Irrigation 2017 and the following provisions:

- The general layout and dam structure design shall facilitate control of safety for dams, response to any emergency, and maintain, upgrade and repair dams in case of any damage that may occur;

- Procedures for operation of gates and valves, procedures for maintenance of specific parts of dams or reservoirs, together with design documentation, shall be established and approved and handed over to owners of dams or reservoirs upon the project transfer date;

- With respect to overflowing occurring at dams or reservoirs with regulating gates and valves, the operational surveillance system, communication and alerting equipment for safety of dams and downstream regions, and dedicated instruments for hydro-meteorological measurement and observation installed at reservoir basins, shall be made in place;

- With respect to large dams or reservoirs where uncontrolled overflowing occurs, communication and alerting equipment for safety of dams and downstream regions, and dedicated instruments for meteorological and hydrological measurement and observation installed at reservoir basins, shall be made in place.

2. Classification of dams and reservoirs in Vietnam

Pursuant to Clauses 1, 2, 3 and 4, Article 3 of Decree 114/2018/ND-CP, classification of dams and reservoirs includes:

- Specially important dams and reservoirs refer to:

+ Dams at the height of from 100 m and above or dams of reservoirs prescribed in Point b and c this Clause 1, Article 3 of Decree 114/2018/ND-CP;

+ Reservoirs with full capacity of from 1,000,000,000 m3 and above;

+ Reservoirs with full capacity of from 500,000,000 m3 to less than 1,000,000,000 m3 of which dam lowland is an important city, district-level town, industrial zone or work related to national security.

- Large dams and reservoirs refer to:

+ Dams at the height of from 15m to less than 100 m or dams of reservoirs prescribed in Point c this Clause;

+ Dams at the height of from 10 m to less than 15 m and length of from 500 m and above or dams at the height of from 10 m to less than 15 m with flood discharge flow rate at over 2,000 m3/s;

+ Reservoirs with full capacity of from 3,000,000 m3 to less than 1,000,000,000 m3, except for reservoirs prescribed in Point c Clause 1 Article 3 of Decree 114/2018/ND-CP

- Medium-size dams and reservoirs refer to:

+ dams at the height of from 10 m to less than 15 m or dams of reservoirs prescribed in Point b Clause 3 Article 3 of Decree 114/2018/ND-CP, except for dams prescribed in Point b Clause 2 Article 3 of Decree 114/2018/ND-CP;

+ reservoirs with full capacity of from 500,000 m3 to less than 3,000,000 m3

- Small dams and reservoirs refer to dams at the height of less than 10 m or reservoirs with full capacity of less than 500,000m3.

3. Dam and reservoir safety management principles in Vietnam 

Dam and reservoir safety management principles are specified in Article 4 of Decree 114/2018/ND-CP as follows:

- Dam and reservoir safety assurance is the top priority in investment in construction, management and operation of dams and reservoirs.

- Dam and reservoir safety management must be performed regularly and continuously during the process of surveying, designing, constructing, managing, operating and protecting dams and dam reservoirs.

- Dam and reservoir owners shall take charge of safety of their own dams and reservoirs.

- Dam and reservoir operators shall take responsibility to manage, operate and ensure safety and efficiency of dams and reservoirs.

Ho Quoc Tuan

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