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| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 24-CP | Hanoi, March 19, 1997 |
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:
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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;
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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.
The list of the hydro-meteorological works of special category is issued together with this Decree.
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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.
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.
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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.
EXPLOITATION OF HYDRO-METEOROLOGICAL WORKS
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.
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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.
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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.
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.
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.
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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.
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;
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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.
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.
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.
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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.
STATE MANAGEMENT OVER THE EXPLOITATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS
1. The management, exploitation and protection of hydro-meteorological works;
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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.
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.
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REWARD AND HANDLING OF VIOLATIONS
Article 37.- This Decree takes effect after 15 days from the date of its signing.
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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.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
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;
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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:
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Names of posts
Location
Geographical Coordinates
Northern latitude
Eastern longtitude
1
The Lao Cai post
Lao Cai
22,30
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2
The Sa Pa post
Lao Cai
22,20
103,50
3
The Lang Son post
Lang Son
21,50
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4
The Dien Bien post
Lai Chau
21,21
103,00
5
The Mong Cai post
Quang Ninh
21,31
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6
The Bai Chay post
Quang Ninh
20,57
107,04
7
The Phu Lien post
Hai Phong
20,48
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8
The Bach Long Vi post
Hai Phong
20,08
107,43
9
The Hon Dau post
Hai Phong
20,40
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10
The Lang post
Ha Noi
21,01
105,51
11
The Thanh Hoa post
Thanh Hoa
19,48
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12
The Vinh post
Nghe An
18,42
105,40
13
The Dong Hoi post
Quang Binh
17,31
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14
The Dong Ha post
Quang Tri
16,50
107,05
15
The Da Nang post
Da Nang City
16,02
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16
The Hue post
Thua Thien-Hue
16,24
107,41
17
The Quang Ngai post
Quang Ngai
15,08
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18
The Qui Nhon post
Binh Dinh
13,36
109,13
19
The Nha Trang post
Khanh Hoa
12,15
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20
The Truong Sa post
Khanh Hoa
8,39
111,55
21
The Song Tu Tay post
Khanh Hoa
11,25
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22
The Tuy Hoa post
Phu Yen
13,05
109,13
23
The Phan Thiet post
Binh Thuan
10,56
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24
The Tan Son Nhat post
Ho Chi Minh City
10,49
106,40
25
The Con Dao post
Ba Ria-Vung Tau
8,41
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26
The Vung Tau post
Ba Ria-Vung Tau
10,20
107,05
27
The Huyen Tran post (DK 1/7)
Ba Ria-Vung Tau
8,01
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28
The Phu Quoc post
Kien Giang
10,13
103,58
29
The Tho Chu post
Kien Giang
9,17
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30
The Can Tho post
Can Tho
10,02
105,47
31
The Ca Mau post
Ca Mau
9,10
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32
The Da Lat post
Lam Dong
11,57
108,26
B- THE HYDROLOGICAL WORKS:
No.
Names of Posts
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Location
Geographical Coordinates
Northern latitude
Eastern longtitude
1
The Lai Chau post
Da
Lai Chau
22,03
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2
The Lao Cai post
Hong
(Red River)
Lao Cai
22,30
103,58
3
The Yen Bai post
Hong
(Red River)
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21,42
104,52
4
The Ha Giang post
Lo
Ha Giang
22,49
104,59
5
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Lo
Phu Tho
21,17
105,25
6
The Ha Noi post
Hong
(Red River)
Ha Noi
21,02
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7
The Son Tay post
Hong
(Red River)
Ha Tay
21,09
105,30
8
The Thuong Cat post
Duong
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21,04
105,52
9
The Hue post
Huong
Thua Thien-Hue
16,24
107,41
10
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Dakbla
Kon Tum
14,20
108,01
11
The Tan Chau post
Tien
An Giang
10,25
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12
The Chau Doc post
Hau
An Giang
10,42
105,08
13
The Can Tho post
Hau
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10,02
105,47
14
The My Tho post
Tien
Soc Trang
10,16
105,54
15
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Vam Co Tay
Long An
10,46
105,56
16
The Phu An post
Sai Gon
Ho Chi Minh City
10,46
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Decree No. 24-CP of March 19, 1997, detailing the implementation of the ordinance on the exploitation and protection of hydro-meteorological works
- Số hiệu: 24-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 19/03/1997
- Nơi ban hành: Chính phủ
- Người ký: Võ Văn Kiệt
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra