Which are surveying agencies regarding community survey on exploitation and use of water resources in Vietnam?

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Question date: 31/03/2023

Which are surveying agencies regarding community survey on exploitation and use of water resources in Vietnam? - Van Duy (Binh Duong).

    • Which are surveying agencies regarding community survey on exploitation and use of water resources in Vietnam?

      Pursuant to Clause 4 Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating surveying agencies regarding community survey on exploitation and use of water resources in Vietnam as follows:

      Community survey on exploitation and use of water resources

      1. Projects on construction of works for exploitation and use of water resources on which community survey is mandatory include:

      a) Reservoirs and dams, built on rivers and streams, subject to the request for permission;

      b) Works for exploitation and use of surface water other than works stated in point a of this clause with a flow rate of from at least 10 m3 per second;

      c) Works for transferring water between water sources;

      d) Works for exploitation and use of groundwater (including one or more drilled wells, dug wells, dug holes, corridors, roads and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1.000 m) with a flow rate of at least 12.000 m3/day and night.

      ...

      4. Surveying agencies:

      a) The People’s Committees of districts where the intra-provincial water sources flow through shall carry out survey on works for exploitation and use of intra-provincial water resources prescribed in Points a and b Clause 1 of this Article;

      b) The People’s Committees of provinces where the interprovincial water sources flow through shall carry out survey on works for exploitation and use of interprovincial water resources prescribed in Points a and b Clause 1 of this Article;

      c) The People’s Committees of districts where the intra-provincial water sources are diverted shall carry out survey on works for water diversion from the intra-provincial water resources;

      d) The People’s Committees of provinces where the interprovincial water sources which are diverted flow through shall carry out survey on works for water diversion from the interprovincial water resources;

      dd) The People’s Committees of districts where they are intending to set works for exploitation of groundwater shall carry out survey on works for exploitation and use of groundwater prescribed in Point d Clause 1 of this Article.

      As regulations above, surveying agencies regarding community survey on exploitation and use of water resources in Vietnam are:

      - The People’s Committees of districts where the intra-provincial water sources flow through shall carry out survey on works for exploitation and use of intra-provincial water resources as follows: reservoirs and dams, built on rivers and streams, subject to the request for permission; works for exploitation and use of surface water other than works stated in point a of this clause with a flow rate of from at least 10 m3 per second;

      - The People’s Committees of provinces where the interprovincial water sources flow through shall carry out survey on works for exploitation and use of interprovincial water resources as follows: reservoirs and dams, built on rivers and streams, subject to the request for permission; works for exploitation and use of surface water other than works stated in point a of this clause with a flow rate of from at least 10 m3 per second;

      - The People’s Committees of districts where the intra-provincial water sources are diverted shall carry out survey on works for water diversion from the intra-provincial water resources;

      - The People’s Committees of provinces where the interprovincial water sources which are diverted flow through shall carry out survey on works for water diversion from the interprovincial water resources;

      - The People’s Committees of districts where they are intending to set works for exploitation of groundwater shall carry out survey on works for exploitation and use of groundwater (including one or more drilled wells, dug wells, dug holes, corridors, roads and caves used for exploitation of groundwater and owned by an organization or individual and the adjacent distance among them is not greater than 1.000 m) with a flow rate of at least 12.000 m3/day and night.

      Who are representatives regarding community survey on exploitation and use of water resources in Vietnam?

      Pursuant to Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating representatives regarding community survey on exploitation and use of water resources in Vietnam as follows:

      Survey on exploitation and use of water resources shall be conducted among representatives, including: representatives of the People’s Committees of communes, the Vietnam Fatherland Front Committees of communes, the People's Committees of districts, representatives of units managing and operating water exploitation and use works affected by the project's water exploitation and use, and other relevant organizations and individuals.

      What are information provided to hold a survey regarding community survey on exploitation and use of water resources in Vietnam?

      Pursuant to Clause 3 Article 2 of the Decree 02/2023/NĐ-CP (effective from 20/03/2023) stipulating information provided to hold a survey regarding community survey on exploitation and use of water resources in Vietnam as follows:

      - Explanation and basic design of the work construction and investment project (feasibility study report) enclosed with the statement submitted to the agency competent to assess the project;

      - Plans for construction of works;

      - Progress of construction of works;

      - Anticipation of impacts of exploitation and use of water and operation of works on water sources, environment and other subjects exploiting and using water possible to be affected during the process of construction and operation of works and during the non-operational periods of works;

      - Measures to protect water resources, ensure water resource for other subjects exploiting and using water possible to be affected during the process of construction and operation of works and during the non-operational periods of works;

      - Information on projects that must be pucblicized;

      - Other data and documents related to exploitation and use of water resources.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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