MINISTRY OF INDUSTRY AND TRADE | SOCIALIST REPUBLIC OF VIETNAM |
No:396/QD-BCT | Hanoi, February 10, 2017 |
DECISION
ON INTRODUCTION OF ACTION PLAN FOR IMPLEMENTING THE RESOLUTION No.33/2016/QH14 ON INTERPELLATION AND ANSWER ABOUT HYDROPOWER AT SECOND MEETING SESSION HELD BY XIV NATIONAL ASSEMBLY
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to the Government’s Decree No.95/2012/ND-CP dated November 12, 2012 defining rights, responsibilities , power and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Resolution No.62/2013/QH13 dated November 27, 2013 by the 13rd National Assembly on strengthening management, planning, construction and operation of hydropower construction works (hereinafter referred to as “Resolution No.62/2013/QH13”);
Pursuant to the Resolution No.33/2016/QH14 dated November 23, 2016 by 14th on interpellation and answer at 2nd session (Resolution No.33/2016/QH14);
Pursuant to the Government’s Resolution No.11/NQ-CP dated February 18, 2014 on implementing the Resolution No.62/2013/QH13 dated November 27, 2013 by the 13rd National Assembly on strengthening management, planning, construction and operation of hydropower works (hereinafter referred to as “Resolution No.11/NQ-CP”);
Upon request of the Director General of the General Directorate of Energy,
HEREBY DECIDES:
Article 1. To release the action plan for implementing the Resolution No.33/2016/QH14 in hydropower industry. To be specific:
1. Objectives
- Successfully implement the Resolution No.62/2013/QH13, Resolution No.33/2016/QH14 and Resolution No.11/NQ-CP.
- Make positive change in state management and enforcement of regulations of laws on planning, construction, investment and operation of hydropower projects/works by relevant authorities; ensure safety development of hydropower industry, social and environmental protection .
2. Requirements
- Harmoniously take measures for detecting and overcoming difficulties and shortcomings in planning, construction investment and operation of hydropower works/projects.
- Affiliates of Ministry and relevant agencies shall actively cooperate in implementation assigned duties or related duties.
3. Contents
- Implement duties governed by The Ministry of Industry and Trade as assigned by the Government in the Resolution No. 11/NQ-CP
- Review and assess relevant legislative documents, technical regulations and standards related to management of planning, investment, quality, operation and safety of hydroelectric dams. Punctually propose to modify and supplement current laws, ensure the obedience to laws and meet the real demand.
- Make assessment of hydropower works quality control from the planning stage to acceptance and operation by relevant authorities ( such as State management authorities, project owners and contractors. Allocation of personnel by the Departments of Industry and Trade of involved provinces, the compliance with relevant regulations of laws by investors of hydropower projects; difficulties and measures for hydropower works quality control shall be assessed.
- Review the process for operating hydroelectric reservoirs to ensure it is conformable to current regulations of laws (hereinafter referred to as “operations process”); assess the application of operations process to inter-reservoirs on river basins, and operations process issued by hydroelectric dams owners and relevant agencies; aggregate information on reservoirs to which the operations process applied is not conformable to regulations on preparation and approval of the operations process; assess difficulties and issues arising in connection to implementation, proposal and request for adjustments and supplementation to relevant provisions in operations process approved by the competent authority. Actively solve or request the competent authority to solve arising difficulties and issues to ensure safe operation of hydropower works, environmental protection, effective operation according to meteorology, hydrography, topography and current flood drainage corridors, etc.
- Apply flood control measures to electric dams and downstream rivers; review and assess difficulties arising at electric dams for which these above mentioned measures have yet to be made and approved. Meteorological and hydrological monitoring at construction sites and in basins by dam owners; preparation of flood maps and flood-defense rehearsals, etc. shall be deemed necessary.
Punctually modify and supplement these above-mentioned plans; take feasible measures in accordance with regulations on dam safety, especially in hydroelectric dams in central coast and high land of Vietnam.
- Review and assess compliance with regulations of laws on issue and retention of electrical operating permits by hydroelectric plants. The minimum outflow discharge, water supply to downstream areas, implementation of regulations on environmental protection, afforestation , payment of forest environmental service charges, fire and explosive prevention, dam and reservoir quality control and operation, qualifications of operators, etc. shall be evaluated. Appropriate measures shall be taken, accordingly, to ensure the duly compliance with relevant regulations of laws.
- Disseminate relevant regulations of laws related to direction and operation of reservoirs and hydropower plants where shortcomings still exist.
- Disseminate information on the roles and functions of hydropower works; operations process and regulations of dam safety and flood prevention.
4. Responsibilities
a) The General Directorate of Energy, affiliates of the Ministry of Industry and Trade, People’s Committees, Departments f provinces, owners of hydroelectric dams and relevant authorities shall punctually perform and complete assigned duties and submit progress reports to the Ministry of Industry and Trade and relevant authorities upon request as stipulated in the Annex attached hereto.
b) Designate the General Directorate of Energy to play the leading role in monitoring and accelerating relevant authorities to prepare, aggregate and submit reports on implementation of this Plan to the Minister of Industry and Trade.
Article 2. This Decision enters into force from the date on which it is signed.
Article 3. The Chief of Ministerial Office, Director General of General Directorate of Energy, Directors of the Industrial Safety Techniques and Environment Agency, Director of the Department of Science and Technology, Director of the Department of Planning, Director of Department of Legislation; Presidents of the People’s Committees and Directors of the Department of Industry and Trade of provinces having hydropower projects; Director General of Vietnam Electricity and Heads of relevant authorities shall be responsible for implementing this Decision./.
. | MINISTER |
ANNEX
SPECIFIC DUTIES IN THE ACTION PLAN FOR IMPLEMENTING THE RESOLUTION No.33/2016/QH14 ON INTERPELLATION AND ANSWER ABOUT HYDROPOWER AT SECOND MEETING SESSION HELD BY XIV NATIONAL ASSEMBLY
(Issued together with the Ministry of Industry and Trade’s Decision No.396/QD-BCT)
No. | Duties | Results | Implementing organization | Implementing organization | Deadline | Result Recipient | Remarks | |||||||
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| Governing body | Cooperating body |
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I | Implementation of duties governed by The Ministry of Industry and Trade as assigned by the Government in the Resolution No. 11/NQ-CP | Report | General Directorate of Energy | Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Departments of Science and Technology, regulatory authorities and people’s Committees of provinces and relevant agencies | 9/2017 | The Ministry of Industry and Trade |
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II | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | Review, assess, compile, modify and supplement legislative documents, technical regulations and standards on hydropower: | |||||||
1 | Management of electric reservoir planning , quality control and operation | Circular and report | General Directorate of Energy | Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Fire Prevention and Protection Authority, Vietnam Electricity | 5/2017 | The Ministry of Industry and Trade |
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2 | hydroelectric dam safety management | Report | Industrial Safety Techniques and Environment Agency | General Directorate of Energy , Fire Prevention and Protection Authority, Vietnam Electricity | 5/2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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3 | Hydropower technical regulations and standards | Regulation and Standard | Departments of Science and Technology | General Directorate of Energy, Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Fire Prevention and Protection Authority, Vietnam Electricity | 2017 and 2018 |
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III | Evaluate hydropower works quality control | Evaluate hydropower works quality control | Evaluate hydropower works quality control | Evaluate hydropower works quality control | Evaluate hydropower works quality control | Evaluate hydropower works quality control | Evaluate hydropower works quality control | |||||||
1 | Projects under the management of the Ministry of Industry and Trade | Report | General Directorate of Energy | Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Vietnam Electricity | 4/2017 | The Ministry of Industry and Trade |
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2 | Projects under the management of the Departments of Industry and Trade | Report | People’s Committees of provinces where hydropower projects are located | Departments of Industry and Trade, and project owners | 02/2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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IV | Reservoir operations processes: | Reservoir operations processes: | Reservoir operations processes: | Reservoir operations processes: | Reservoir operations processes: | Reservoir operations processes: | Reservoir operations processes: | |||||||
1 | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | Reservoir operations processes approved by the Prime Minister and the Ministry of Industry and Trade: | |||||||
a | Evaluate implementation of operations process and relevant regulations of laws; information on reservoirs whose operations process has yet to be approved’ airing issues and difficulties and related proposals | Report | General Directorate of Energy | Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Vietnam Electricity, People’s Committees of provinces having hydropower projects and in the vicinity of the projects. Dam owners and relevant entities | 4/2017 | The Ministry of Industry and Trade |
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b | Modification and supplementation to single reservoir operations process | Decision | General Directorate of Energy | Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam, Vietnam Electricity, Fire protection and prevention authorities, People’s Committees of provinces having hydropower projects and in the vicinity of the projects. Dam owners and relevant entities | 2017 and 2018 |
| Operation processes of single reservoirs in the Central Coast and High Land of Vietnam shall be completed before August 2017 | |||||||
2 | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | Reservoir operations processes approved by the People’s Committees of provinces: | |||||||
a | Evaluate implementation of operations process and relevant regulations of laws; information on reservoirs whose operations process has yet to be approved’ airing issues and difficulties and related proposals | Report | People’s Committees of provinces where hydroelectric dams are located | Departments of Industry and Trade having related hydroelectric dams | 5/2017 | The Ministry of Industry and Trade, General Directorate of Energy, Industrial Safety techniques and Environment Agency, Electricity Regulatory Authority of Vietnam |
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b | Modification and supplementation of single reservoir operations process | Decision |
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| 8/2017 |
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V | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | Flood control plans for protection of hydroelectric dams; flood control plans to prevent dam failures and flood discharge; plans for protecting hydropower works (03 plans) | |||||||
1 | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | Approval for plans or approval for modification to plans: | |||||||
a | Flood control plans for protection of hydroelectric dams approved by the Ministry of Industry and Trade | Decision | Industrial Safety Techniques and Environment Agency | People’s Committees of provinces, Departments of Industry and Trade having related hydroelectric dams | Before annual flood season | The Ministry of Industry and Trade, General Directorate of Energy |
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b | Plans approved by the People’s Committees of provinces | Decision | People’s Committees of provinces where hydroelectric dams are located | Industrial Safety techniques and Environment Agency, People’s Committees of provinces, Departments of Industry and Trade having related hydroelectric dams | Annual | The Ministry of Industry and Trade, General Directorate of Energy, Industrial Safety techniques and Environment Agency | Flood control plans for protection of hydroelectric dams shall be completed prior to the flood season | |||||||
2 | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | Evaluation of implementation of these above-mentioned plans: | |||||||
a | Flood control plans for protection of hydroelectric dams approved by the Ministry of Industry and Trade | Report | Industrial Safety Techniques and Environment Agency | General Directorate of Energy, Vietnam Electricity. People’s Committees and Departments of Industry and Trade of provinces having hydroelectric dams and in the vicinity of downstream areas | 6/2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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b | Plans approved by the People’s Committees of provinces | Report | People’s Committees of provinces where hydroelectric dams are located | People’s Committees of provinces, Departments of Industry and Trade of provinces | 6/2017 | The Ministry of Industry and Trade, General Directorate of Energy, Industrial Safety techniques and Environment Agency |
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VI | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | Evaluation of compliance with regulations of laws on issue and retention of hydroelectric plant operating permits; implementation of measures for law enforcement | |||||||
1 | Hydroelectric plants whose operating permit is issued by the Ministry of Industry and Trade | Report and document | Electricity Regulatory Authority of Vietnam | General Directorate of Energy, Vietnam Electricity, Industrial Safety techniques and Environment Agency, Fire Protection and Prevention Authorities, People’s Committees and Departments of Industry and Trade of provinces having hydroelectric plants, hydroelectric plant owners and relevant entities | 4/2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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2 | Hydroelectric plants whose operating permit is issued by the People’s Committee of the province | Report and document | People’s Committees of provinces where hydroelectric plants are located | Departments of Industry and Trade of provinces having hydroelectric plants, and hydroelectric plant owners | 3/2017 | The Ministry of Industry and Trade, General Directorate of Energy, Electricity Regulatory Authority of Vietnam |
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VII | Dissemination of relevant regulations of laws related to direction and operation of electric reservoirs for provinces and hydropower plants where shortcomings still exist. | Training conference | Industrial Safety Techniques and Environment Agency | General Directorate of Energy, Ministerial offices, Vietnam Electricity, Fire Protection and Prevention Authorities, Electricity Regulatory Authority of Vietnam | 2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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VIII | Dissemination of information on the roles and functions of hydropower works; operations process and regulations of dam safety and flood prevention. | Articles, television programs | General Directorate of Energy | Ministerial offices, Vietnam Electricity, Departments of Science and Technology Fire Protection and Prevention Authorities, Electricity Regulatory Authority of Vietnam, Industrial Safety techniques and Environment Agency | 2017 | The Ministry of Industry and Trade, General Directorate of Energy |
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