Laws of Vietnam

Pursuant to the Law on Organization of the Government on the 30th of September, 1992;

Pursuant to Decree No. 15-CP on the 2nd of March, 1993 of the Government on the tasks, powers and responsibility of State management of the ministries and ministerial-level agencies;

At the proposals of the Minister of Water Resources and the Minister-Head of the Government Commission on Organization and Personnel.

Article 1.- The Ministry of Water Resources is the Government agency to perform the function of State management regarding the water resources (except raw mineral water and geo-thermal water) and regarding the exploitation of water conservancy projects, the prevention and fight against floods and storms, and the protection of dykes throughout the country.

Article 2.- The Ministry of Water Resources performs the tasks, powers and responsibilities in State management of the ministries and ministerial-level agencies defined in Decree No.15-CP on the 2nd of March 1993 of the Government, and the following concrete tasks:

1. To draw up and submit to the Government the strategy, the general scheme, the national and regional plans on the development of water resources; the construction, management, exploitation and protection of the water conservancy projects; the prevention and fight against floods and storms; the protection of dykes according to the requirements of socio-economic development; and to direct and control the implementation;

2. To draw up and submit to the Government for issuing or to issue - within its jurisdiction - legal documents, policies, regimes, processes, rules, criteria, and economic and technical norms on the management, exploitation, utilization and protection of the water resources, the water conservancy projects, the prevention and fight against floods and storms, and the protection of dykes;

3. To submit to the Government for approval, or to approve-within its jurisdiction - the economic and technical feasibility of the investment plan for the construction of water conservancy projects; the designing plans, construction plans and check before acceptance of the water conservancy projects in accordance with the current regulations of the Government on the management of capital construction;

4. To arrange for the granting or withdrawal of different kinds of permits for construction, exploitation and use of water related to the water sources, water environment and the safety of the water conservancy projects;

5. To perform the permanent task of the Central Steering Committee for the Prevention and Fight against Floods and Storms, and directly control the prevention and fight against floods and storms throughout the country;

6. To direct the operation and regulation of the major water conservancy works, and direct the integrated utilization of the inter-provincial water conservancy works;

7. To perform the tasks of a permanent member of the Vietnam Mekong Committee, and direct the implementation of the programs and projects related to the management and exploitation of the Mekong River.

8. To control and inspect the implementation of the laws, policies and regimes on the management, exploitation and protection of the water sources, the water conservancy projects, the prevention and fight against floods and storms, and the protection of dykes throughout the country.

Article 3.- The organizational appratus of the Ministry of Water Resources:

a/ In the performance of his function of State management, the Minister is assisted by the following organizations:

1. The Planning Department

2. The Scientific and Technical Department

3. The Finance-Accountancy-Statistics Department

4. The Organization and Personnel Department

5. The Inspection Department

6. The International Cooperation Department

7. The Department for the Management of the Construction of Water Conservancy Projects

8. The Office of the Ministry

9. The Department for the Management of Water Resources and the Exploitation of the Water Conservancy Projects.

10. The Department for the Prevention and Fight against Floods and Storms and the Protection of Dykes

b/ Professional organizations:

1. The Water Conservancy Resources Planning Institute

2. The Water Resources Scientific and Economics Institute

3. The Water Conservancy Research Institute of South Vietnam

4. The Water Resources College

5. The Managers Training School

6. The Water Resources Information Center (including the Water Resources Review).

Other professional units shall be formed by the joint discussion and arrangements among the Minister of Water Resources, the Minister-Head of the Government Commission on Organization and Personnel and the concerned ministries.

The Minister of Water Resources, basing himself on this Decree, shall provide detailed provisions for the tasks and powers of the above organizations directly attached to the Ministry.

Article 4.- This Decree takes effect on the date of promulgation. Decree No. 88-CP on the 6th of March, 1979 of the Government and all earlier regulations contrary to this Decree are now annulled.

The Minister of Water Resources, other ministers, the heads of ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of provinces and cities directly under the Central Government have the responsibility to implement his Decree.