Nghị định 24/1997/NĐ-CP Hướng dẫn Pháp lệnh Khai thác và Bảo vệ công trình khí tượng thủy văn

DECREE

DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE EXPLOITATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;Pursuant to the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works of December 2, 1994;At the proposal of the General Director of the General Department of Hydro-Meteorology,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- The basic hydro-meteorological works are built with State investment and put directly under the management, exploitation and protection of the General Department of Hydro-Meteorology.

The specialized hydro-meteorological works are built with investment of the ministries, branches, localities, economic, defense and security organizations and individuals that directly manage, exploit and protect them in service of the specialized and professional requirements. The specialized hydro-meteorological works may be utilized for a fixed or long-term period, depending on the purposes of construction and the ratified economic and technical feasibility studies.

Article 2.- The hydro-meteorological works include:

1. The hydro-meteorological stations:

a/ The regional hydro-meteorological stations;

b/ The aerial hydro-meteorological stations;

The list of the regional hydro-meteorological stations and aerial hydro-meteorological stations are issued together with this Decree.

2. The hydro-meteorological posts.

a/ The surface meteorological posts;

b/ The aerial meteorological posts;

c/ The agricultural meteorological posts;

d/ The marine meteorological posts;

e/ The hydrological posts;

f/ The air pollution control posts;

g/ The water pollution control posts;

h/ The provincial hydro-meteorological forecast and service posts;

i/ The rainfall measuring posts.

The special-purpose tools, machinery and equipment, the supportive works in service of hydro-meteorological activities, the special-purpose land areas, the works� protection system, the technical safety corridors and the hydro-meteorological data... also belong to the hydro-meteorological works defined in this Article.

Article 3.- The hydro-meteorological works of special category defined in Item 1, Article 11 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works are also the basic hydro-meteorological works which are of special importance regarding the hydro-meteorological specialized techniques and international information exchange... or are of important significance for the national socio-economic, defense and security activities.

The list of the hydro-meteorological works of special category is issued together with this Decree.

Article 4.- The hydro-meteorological data defined in Item 6, Article 2 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works include:

1 The documents and data of basic surveys on hydro-meteorology, air and water environments given on papers or other informative objects.

2. The different types of diagrams, maps, photographs taken from satellites, films and photos on the objects of hydro-meteorological study.

3. The technical parameters on the specialized machines used in hydro-meteorological activities; the documents on the positions, signs and height values of the hydro-meteorological measuring structures.

4. The results of research projects and other publications issued for internal use by the hydro-meteorological branch.

Article 5.- The General Director of the General Department of Hydro-Meteorology shall ratify or submit to the Prime Minister for ratification the plannings, plans and economic-technical blueprints for the re-construction, repair, improvement and upgrading of the basic hydro-meteorological works in accordance with the State�s policies and legislation on the management of investment and construction.

Annually, the General Director of the General Department of Hydro-Meteorology shall submit to the Prime Minister for decision the amount of budgetary investment and other necessary conditions for the stable, long-term exploitation and protection and step-by-step industrialization of the hydro-meteorological works.

Article 6.- The General Director of the General Department of Hydro-Meteorology shall take responsibility for the unified management of the storage and use of the basic hydro-meteorological data and coordination with the related agencies in organizing the management of the specialized hydro-meteorological data.

Article 7.-

1. The technical safety corridor for each type of hydro-meteorological works defined in Article 10 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works is determined as follows:

a/ For the surface, aerial or agricultural meteorological posts located inside a city, provincial town or township, it is the land area around the post the width of which is 10 times the height of the covering object, measured from the place of installation of the post�s measuring equipment to that covering object.

b/ For the surface meteorological posts, the marine meteorological posts on islands, the aerial or agricultural meteorological posts located outside a city, provincial town or township, it is the land area around the post the width of which is 10 times the height of the single covering object or 20 times the height of the cluster of covering objects, measured from the place of installation of the post�s measuring equipment to the covering object(s).

c/ For the marine meteorological posts on the sea, it is the water area with a radius of 500 m, measured from the place of installation of the post�s measuring equipment.

d/ For hydrological posts servicing the measurement of the river�s flow, it is the river�s section the length of which is 3 times the average width of the water surface of the main river bed but must not exceed 500 m downstream and 500 m upstream, from the line where the river�s flow is measured.

e/ For all hydrological and marine meteorological posts with measuring equipment or structures directly built on the river banks, lakeshore or seashore, in addition to the criteria mentioned in Points b, c and d, Item 1 of this Article, the technical safety corridor shall also encompass the land area on the bank or shore around the measuring equipment or structures that has a radius of 30 m, from the place of installation of that equipment or structure.

2. Depending on the characteristics and requirements of the utilization, the investors in the construction of the specialized hydro-meteorological works may issue other provisions on the technical safety corridor of the works under their management, the size of which must, however, not exceed the limit prescribed in Item 1 of this Article, and must report in writing to the General Department of Hydro-Meteorology.

Chapter II

EXPLOITATION OF HYDRO-METEOROLOGICAL WORKS

Article 8.- The observation and collection of hydro-meteorological elements and phenomena as well as the air and water elements must comply with the procedures, regulations and hydro-meteorological technical criteria.

The General Director of the General Department of Hydro-Meteorology shall be responsible for elaborating, promulgating, guiding and inspecting the implementation of the procedures, regulations and technical criteria on the exploitation of hydro-meteorological works.

Article 9.- Within the technical safety corridor of a hydro-meteorological work, all activities that affect the work and measuring equipment, obstruct the observation of the hydro-meteorological elements or alter the natural characters of the corridor are forbidden.

The transient activities or activities that do not directly affect the hydro-meteorological work within its technical safety corridor shall be conducted only with the consent of the person directly managing such hydro-meteorological work.

Article 10.- The receipt and transmission of hydro-meteorological information by every means shall be given special priority but must ensure the comprehensiveness, accuracy and promptness so as to meet the essential forecasting requirements, in service of the prevention and fight against storms, floods and other natural calamities as well as other requirements of the State.

The General Department of Hydro-Meteorology shall work out plan and provide guidance for the receipt and transmission of hydro-meteorological information so that concerned ministries and branches coordinate their implementation.

Article 11.- The moving of hydro-meteorological works are stipulated as follows:

1. The hydro-meteorological works shall be moved only in case of necessity to meet technical requirements or socio-economic requirements of special importance.

2. The Prime Minister shall decide the moving of hydro-meteorological works of special category and those connected to international transmission network.

3. The General Director of the General Department of Hydro-Meteorology shall decide the moving of other basic hydro-meteorological works. When moving a basic hydro-meteorological work related to the defense and security, he/she must consult the Ministry of Defense and the Ministry of the Interior.

When moving the hydro-meteorological works, it is necessary to conduct a parallel observation at the old and new places under the guidances of the General Department of Hydro-Meteorology so as to ensure the consistency and continuity of the hydro-meteorological data.

4. The investor in the construction of a specialized hydro-meteorological work shall decide the moving of his/her work but must at the same time notify the General Department of Hydro-Meteorology within one month from the date when the work at the old place ceases its operation.

Article 12.- The hydro-meteorological data are classified according to their value and secrecy.

The regime of keeping secret the hydro-meteorological data shall comply with the provisions of the Ordinance on the Protection of State Secrets of October 28, 1991 and Decision No.196-TTg of April 28,1994 of the Prime Minister providing the list of State secrets in the hydro-meteorological branch.

Article 13.-

1. The original data exploited and collected from the basic hydro-meteorological works shall be managed and kept at the archives of the General Department of Hydro-Meteorology. All duplicates of the hydro-meteorological data from the originals shall be managed and kept at the regional hydro-meteorological stations under the General Department of Hydro-Meteorology. These duplicates, if being certified by the competent managerial agency, shall be considered to be valid as the original.

2. The investor in the construction of a specialized hydro-meteorological work shall take responsibility for the management, keeping and use of the hydro-meteorological data exploited from his/her work in accordance with the provisions of this Decree and other related provisions currently in force. The investor in the construction of a specialized hydro-meteorological work may also reach an agreement with the archives of the General Department of Hydro-Meteorology on the keeping, exploitation and use of such data.

Article 14.- Data exploited from the basic hydro-meteorological works shall be registered and qualitatively evaluated at the General Department of Hydro-Meteorology.

The General Department of Hydro-Meteorology shall issue criteria for the evaluation of quality, the organization of registration and evaluation of the quality of the hydro-meteorological data.

The State encourages the registration and evaluation of quality of the hydro-meteorological data of the specialized hydro-meteorological works. The hydro-meteorological data of the specialized hydro-meteorological works which have been registered and evaluated by the General Department of Hydro-Meteorology shall be protected by the State regarding their legality.

Article 15.- The State agencies, economic and social organizations and individuals are entitled to exploit and use the hydro-meteological data which have been registered and qualitatively evaluated. The exploiters and users of the hydro-meteorological data, who are not entitled to the fee exemption as stipulated in Article 15 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works, must pay fee.

The Ministry of Finance and the General Department of Hydro-Meteorology shall define the fee rates for the use of hydro-meteorological data, provide guidance for the collection, payment and use of such fee.

Foreign organizations and individuals shall be eligible for exploiting and using hydro-meteorological data in accordance with the permits granted by the General Department of Hydro-Meteorology.

Only the archives mentioned in Article 13 of this Decree are entitled to provide hydro-meteorological data to organizations and/or individuals wanting to use them.

Article 16.- The hydro-meteorological data used in the elaboration, ratification and implementation of the overall planning projects of the branches and localities and in the construction of the projects with any sources of capital, must be registered and qualitatively evaluated in accordance with the provisions of Article 14 of this Decree.

Anyone who uses the hydro-meteorological data which have not been registered and qualitatively evaluated for the afore-said projects, thus causing damages, shall have to take responsibility as provided for by law.

Article 17.- The General Department of Hydro-Meteorology and the establishments managing and keeping the hydro-meteorological data shall, within the ambit of their powers, be responsible for meeting the demand of exploiting and using hydro-meteorological data and shall have to take responsibility for the data that they have supplied.

Article 18.- All services relating to the exploitation, analysis and processing of the hydro-meteorological data at the request of the user shall be provided through a contract between the competent hydro-meteorological agency or the investor in the construction of the specialized hydro-meteorological work and the user in accordance with the provisions of laws on contracts.

Article 19.- The person provided with the hydro-meteorological data shall be entitled to transfer the right to use the data to another person only when so agreed by the competent hydro-meteorological agency or the investor in the construction of the specialized hydro-meteorological work that has provided such data.

Chapter III

PROTECTION OF HYDRO-METEOROLOGICAL WORKS

Article 20.- The General Director of the General Department of Hydro-Meteorology shall have:

1. To personally direct the organization of the protection of the basic hydro-meteorological works in accordance with the provisions of Article 16 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works;

2. To work out plans and concrete measures to prevent all acts of infringing on the hydro-meteorological works; to prevent, avoid and reduce damages caused by natural calamities, fires and other risks;

3. Annually, before and after the flood and storm season, to conduct technical examination of the hydro-meteorological works so as to promptly take measures to maintain and protect the works;

4. To take the necessary measures to ensure the safety of the basic hydro-meteorological data. In case of any damage to the basic hydro-meteorological data or of any threat of the loss of information, he/she must coordinate with the State Archives to work out a plan for the restoration of such data;

5. To draw up the planning of the network of the basic hydro-meteorological works for each province or city directly under the Central Government and notify the People�s Committee of that province or city; to compile land dossiers and build the boundaries of specialized land areas needed for the hydro-meteorological works in accordance with the provisions of the Land Law.

Article 21.- The person directly managing a hydro-meteorological work shall have the responsibility to protect the work as prescribed in Article 16 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works and provided for in this Decree.

In case of any infringement or incident to the work, the direct manager must mobilize forces in his/her unit to quickly overcome the consequences and at the same time report to the local People�s Committee and the higher-level managing agency for coordination in the settlement.

If any hydro-meteorological works which are being in action for the observation and measurement of storms and floods, are upon infringed or struck with incidents the local People�s Committee shall have to take initiative in mobilizing necessary forces to quickly overcome the consequences, and maintain the observation, the measurement as well as the transmission of the hydro-meteorological information.

Article 22.- The banned acts mentioned in Items 1, 2 and 3, Article 19 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works include:

1. The infringement on the hydro-meteorological work, such as stealing machines, destroying or crashing into the work and its equipment, removing the height markers, anchoring waterway transport means at the work or obstructing the measurement of the hydro-meteorological elements and other acts of infringement;

2. The encroachment upon the land within the premise of the work, violations of the regulations on the technical safety corridor of the work, such as building houses, planting trees, building damps or water discharging drains, setting up heck or cylindrial bamboo fish-pot to catch aquatic animals, digging the river bed or its banks within the premises of the technical safety corridor of the hydro-meteorological work, thus obstructing the observation and measurement or altering the nature of the hydro-meteorological elements that need to be measured.

3. To hinder the exploitation and utilization of the hydro-meteorological works;

Article 23.- The People�s Committees of the provinces and cities directly under the Central Government shall have to coordinate with the General Department of Hydro-Meteorology in handling the violations related to hydro-meteorological works on the following principles:

1. The violations of hydro-meteorological works since December 10, 1994 must be considered and handled in accordance with the current provisions of law;

2. The violations of hydro-meteorological works prior to December 10, 1994 must be handled step by step so as, on one hand, to ensure technical requirements of the hydro-meteorological measurement and, on the other hand, to meet the practical situation and conditions;

3. With regard to the handling of difficult and complicated cases of violations related to the important works, the Presidents of the People�s Committees of the provinces or cities directly under the Central Government and the General Director of the General Department of Hydro-Meteorology shall submit plans to the Prime Minister for consideration and decision.

Chapter IV

STATE MANAGEMENT OVER THE EXPLOITATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS

Article 24.- The Government shall give capital investment priority to the construction, improvement, exploitation and protection of hydro-meteorological works in deep-lying, remote areas and offshore islands.

Article 25.- The General Director of the General Department of Hydro-Meteorology shall submit to the Prime Minister for promulgation the legal documents on:

1. The management, exploitation and protection of hydro-meteorological works;

2. The policies to promote and protect the legitimate rights and interests of domestic and foreign organizations and individuals involved in the investment cooperation, scientific research and application of technical and technological advances to the exploitation and protection of hydro-meteorological works.

Article 26.- The General Director of the General Department of Hydro-Meteorology shall, according to his/her competence, promulgate legal documents, procedures and regulations and technical criteria on the exploitation and protection of hydro-meteorological works as well as the evaluation of the quality of the hydro-meteorological data, and guide, inspect the implementation of those documents.

Article 27.- The General Department of Hydro-Meteorology shall organize the expertise of hydro-meteorological technical criteria with regard to the economic-technical feasibility studies on the construction, improvement, expansion and upgrading of hydro-meteorological works.

Article 28.- The organization of the registration, granting and withdrawal of operating licenses of the specialized hydro-meteorological works shall be determined by the General Director of the General Department of Hydro-Meteorology and notified to the branches and localities within 6 months from the date of promulgation of this Decree.

Organizations having specialized hydro-meteorological works must register the works with the General Department of Hydro-Meteorology within 6 months from the date of receiving the notice from the General Department of Hydro-Meteorology.

Article 29.- The General Director of the General Department of Hydro-Meteorology shall define the functions, tasks and organizational structure of the hydro-meteorological data archives under the General Department of Hydro-Meteorology.

Article 30.- The State Archives shall have to provide guidance to the General Department of Hydro-Meteorology for the implementation of the regime of management over the keeping of hydro-meteorological data, uniformly organizing the archival work; and coordinating in the training of professional hydro-meteorological archivists.

Article 31.- The Ministry of Defense and the Ministry of the Interior shall have to submit to the Prime Minister for promulgation the legal documents on the exploitation and protection of the specialized hydro-meteorological works in service of the national defense and security, after consulting the General Department of Hydro-Meteorology.

Article 32.- The General Department of Hydro-Meteorology shall perform the function of specialized inspection of the exploitation and protection of hydro-meteorological works.

The contents, powers and tasks of the specialized hydro-meteorological inspector shall comply with the provisions of Articles 26 and 27 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works.

The General Director of the General Department of Hydro-Meteorology shall provide in details the organization, tasks, powers, procedures and activities of the specialized hydro-meteorological inspectors.

Chapter V

REWARD AND HANDLING OF VIOLATIONS

Article 33.- Organizations and/or individuals with merits in the exploitation and protection of hydro-meteorological works, detecting or preventing acts of infringing on hydro-meteorological works shall be rewarded in accordance with the general provisions of the State. The General Director of the General Department of Hydro-Meteorology shall personally consider and reward such meritorious organizations and/or individuals.

Article 34.- Anyone who commits acts of infringing on hydro-meteorological works, violating the legislation on the exploitation and protection of hydro-meteorological works, shall, depending on the seriousness of his/her violation and the consequences thereof, be administratively handled or examined for penal liability.

Article 35.- Anyone who is assigned the tasks of managing, exploiting and protecting a hydro-meteorological work but who, due to the lack of responsibility, causes damage to the work and/or losses or poor quality of hydro-meteorological data; or who abuses his/her position and powers to cover up people who have committed acts of violation of law, and to make decisions contrary to the legislation or technical provisions on the exploitation and protection of the hydro-meteorological works, shall, depending on the nature, seriousness and consequences of his/her violation, be disciplined, administratively sanctioned or examined for penal liability.

Article 36.-Anyone who commits acts of the violation of laws on the management, exploitation and protection of hydro-meteorological works, thus causing damages to other persons in term of property, health or life or to organizations possessing the hydro-meteorological works, shall not only be handled in accordance with the provisions in Articles 34 and 35 above, but also have to compensate for damages in accordance with the provisions law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 37.- This Decree takes effect after 15 days from the date of its signing.

The General Director of the General Department of Hydro-Meteorology shall have to provide guidances and direct the implementation of this Decree.

Article 38.- The earlier provisions which are contrary to this Decree are now annulled.

The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People�s Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

LIST OF HYDRO-METEOROLOGICAL WORKS(issued together with Decree No.24-CP of March 19, 1997 of the Government detailing the implementation of the Ordinance on the Exploitation and Protection of Hydro-Meteorological Works)

I. HYDRO-METEOROLOGICAL STATIONS

1. The hydro-meteorological station of the Northwestern region;

2. The hydro-meteorological station of the Viet Bac region;

3. The hydro-meteorological station of the Northeastern region;

4. The hydro-meteorological station of the Red River Delta;

5. The hydro-meteorological station of the northern region of the Central Vietnam;

6. The hydro-meteorological station of the central region of the Central Vietnam;

7. The hydro-meteorological station of the southern region of the Central Vietnam;

8. The hydro-meteorological station of the South Vietnam;

9. The hydro-meteorological station of the Central Highlands region;

10. The aerial meteorological station;

II. HYDRO-METEOROLOGICAL WORKS OF SPECIAL CATEGORY:

A- THE METEOROLOGICAL WORKS:

B- THE HYDROLOGICAL WORKS:

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