LAW

HYDROMETEOROLOGY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on hydrometeorology;

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Law stipulates hydrometeorological activities including: Management and operation of station networks; forecasts, warnings; information, data; hydrometeorological services; climate change monitoring; impacts on weather and state administration; rights, responsibility and obligations of agencies, organizations, and individuals involved in hydrometeorological activities;

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This Law applies to Vietnamese agencies, organizations, and individuals; foreign organizations and individuals; international organizations participating in hydrometeorological activities in the territory of the Socialist Republic of Vietnam.

Article 3. Interpretation of terms

In this Law, some terms are construed as follows:

1. Hydrometeorology is a phrase that commonly refers to meteorology, hydrology, and oceanography.

2. Meteorology refers to the state of the atmosphere, developments of natural phenomena in the atmosphere.

3. Hydrography refers to the state, developments and movement of water on earth.

4. Oceanography refers to the state, developments and movement of the ocean.

5. Hydrometeorological monitoring includes observations and systematical measurements of indicators of conditions, phenomena, developments of the atmosphere and water on earth.

6. Weather refers to the state of the atmosphere at a certain point of time determined by meteorological elements and phenomena.

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8. Hydrometeorological warnings mean the provision of information and data about possible hydrometeorological hazards that may affect or cause damage to people, properties and environment.

9. Hydrometeorological bulletin means products of organizations and individuals operating in the areas of forecasting, warning, presenting hydrometeorological forecasts and warnings in the form of written formats, data tables, maps, charts, symbols, images and sound.

10. Hydrometeorological natural disasters refer to changeable hydrometeorological phenomena that may cause damage to people, properties, environment, living conditions and socio-economic activities.

11. Climate means compilation of weather conditions in a certain area characterized by long-term statistical quantity of meteorological elements in such area.

12. Climate forecasting refers to the provision of information and data about the state and trends of climate in the future, changes of climatic elements by month, season, year in comparison with average value over years.

13. Climate change refers to a change in climate conditions for a long time by the impacts of natural conditions and human activities, often referred to as global warming, rising sea and an increase in extreme hydrometeorological phenomena.

14. Climate change monitoring refers to a process of collecting information, data; analyzing, assessing and monitoring developments of the climate in a long period of time to determine signs of climate change and its impacts on natural resources, environment, ecosystem, living conditions and socio-economic activities.

15. Climate change scenario refers to scientifically-based and reliable presumptions about climatic trends in the future based on relations between socio-economic activities, greenhouse gas emissions, climate change and rising sea.

16. Hydrometeorological works refer to facilities that meet technical requirements for installation of measurement instruments, hydrometeorological communication equipment.

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18. Climate change monitoring station means the station chosen among hydrometeorological stations, or separately constructed according to technical standards, national, international standards for observations of climate, atmospheric chemistry composition, sea level.

19. Technical corridor of hydrometeorological works refers to a space on the ground, underground, on water surface, under water required to ensure hydrometeorological works operate in accordance with technical standards, collected hydrometeorological data give objective insights into natural features in the area and are accurate according to national, international standards.

20. Impacts on weather refer to human impacts on physical and chemical processes of the atmosphere through scientific and technological solutions with the aim of preventing and reducing natural disasters or creating a kind of favorable weather in a certain area for a specified period of time to serve socio-economic development, national security and defense activities.

21. Standard climate refers to mean value of hydrometeorological elements over a given period of time, normally 30 years, serving as foundations for assessment of climatic differences between this place and other place, this period to other period.

22. Extreme hydrometeorological phenomena refer to changeable hydrometeorological phenomena in terms of level, time and area of occurrence that may cause damage to people, properties, environment, living conditions and socio-economic activities.

23. Rising sea refers to average rising level of the ocean by impacts of climate change excluding flood-tides, rising water caused by storms and other natural impacts.

Article 4. Principles of hydrometeorological operation

1. Hydrometeorological operation generally supports socio-economic development, national security and defense, natural disaster prevention and combat guaranteed by the state budget.

2. Hydrometeorological activities are managed with uniformity across the country.

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4. Hydrometeorological forecasts and warnings should ensure adequate reliability and be communicated, transmitted in a timely, accurate and adequate manner.

5. The system receiving and transmitting hydrometeorological information (hereinafter referred to as ‘the receiving and transmitting system') should be guaranteed to operate constantly, with high speed and large coverage.

Article 5. State policies on hydrometeorological activities

1. The State shall guarantee resources for the construction, management and operation of national hydrometeorological station networks; hydrometeorological forecasts, warnings; climate change monitoring to serve socio-economic development, national security and defense, natural disaster prevention and combat.

2. Diversify capital investment sources for hydrometeorological activities; encourage organizations, individuals to take part in activities of monitoring, forecasting, warning, scientific research, technology transfers, exploiting and using hydrometeorological information and data;

3. Prioritize investment and construction of private telecommunications networks in accordance with the law on telecommunications and use of national telecommunications networks for receiving and transmitting information and data serving hydrometeorological forecasting and warning, natural disaster prevention and combat;

4. Reinforce propaganda and dissemination of hydrometeorology and climate change; effectively exploit hydrometeorological information, data for production and living activities, and for prevention and combat against natural disasters among communities; ensure gender equality; pay special attention to people living in mountainous, sea, island and socio-economically disadvantaged areas, ethnic minority people and other special subjects to come up with an appropriate way of propaganda;

5. Guarantee satisfaction of demands for lands to facilitate operation of hydrometeorological works in accordance with technical requirements;

6. Reinforce training to human resources working in the area of hydrometeorology; provide policies on attracting or preferential treatment to people performing hydrometeorological duties in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas according to laws;  

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8. Reinforce international cooperation in hydrometeorology, climate change monitoring; perform duties as members of international organizations in hydrometeorology and climate change monitoring;

Article 6. Dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorological activities

1. The Ministry of Natural Resources and Environment shall be responsible for regularly organizing dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change with much importance attached to people living in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas; construct and organize the implementation of the project on dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change.

2. Ministries, ministerial-level agencies, Governmental agencies, People’s committees at all levels within duties, authority shall be responsible for cooperating with media agencies  and directing educational and training institutions under management to organize dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology, climate change.

3. Vietnamese Fatherland Front Committee and its members organizations, enterprise associations and other social organizations within duties and authority shall be responsible for cooperating with state administration agencies on hydrometeorology in carrying out propaganda, mobilization and instruction to people on participation in the protection of hydrometeorological works, reception, operation and use of hydrometeorological information, data; compliance with the law on hydrometeorology and climate change.

Article 7. Communications about hydrometeorological activities

1. Vietnam News Agency, Voice of Vietnam, Vietnam Television and media agencies shall be responsible to:

a) Organize communications about hydrometeorological forecasts, warnings, information about climate change according to this Law and the Law on Journalism;

b) Cooperate with the Ministry of Natural Resources and Environment, Ministries, sectors and localities in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change;

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a) Organize spreading hydrometeorological forecasts, warnings released by national hydrometeorological forecasting and warning system and information about climate change to support natural disaster prevention and combat in localities;

b) Cooperate with local hydrometeorology agencies, organizations, relevant units in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change;

Article 8. Prohibited acts

1. Take advantage of hydrometeorological activities to cause damage to state interests, lawful rights and interests of organizations, individuals;

2. Transgress space of hydrometeorological works on the ground, underground, on water surface or under water;

3. Violate regulations on technical corridors of hydrometeorological works;

4. Make negative impacts on hydrometeorological works, measurement instruments;

5. Invade hydrometeorological works, measurement instruments, communication equipment, other technical equipment of hydrometeorological works; slam into the works; break and displace benchmarks;

6. Obstruct management and operation of hydrometeorological works;

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8. Exploit and use hydrometeorological information, data in opposition to this Law and relevant law provisions;

9. Deliberately violate technical regulations and professional procedures on hydrometeorological activities;

10. Have impacts on the weather without approval by competent state agencies or in opposition to the approved plan;

11. Conceal, fail to supply or deliberately falsify information about hydrometeorology;

12. Act in opposition to regulations on spreading information about hydrometeorological forecasts, warnings;

13. Take advantage of positions, authority of competent persons to act in opposition to the law on hydrometeorology;

14. Take advantage of international cooperation in hydrometeorology and climate change monitoring to commit violations;

Chapter II

MANAGEMENT, OPERATION OF HYDROMETEOROLOGICAL STATION NETWORK

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1. Construction of planning and plan for development of hydrometeorological station network;

2. Hydrometeorological monitoring

3. Hydrometeorological investigation and survey;

4. Management and protection of hydrometeorological works;

5. Management of quality of hydrometeorological measurement instruments;

Article 10. Hydrometeorological station network

1. The hydrometeorological station network comprises national hydrometeorological station network and special-purpose hydrometeorological station network.

2. The national hydrometeorological station network comprises hydrometeorological stations and climate change monitoring stations that perform hydrometeorological observation, climate change monitoring in a constant, stable and long-run manner, constructed, managed and operated by the Ministry of Natural Resources and Environment.

3. Special-purpose hydrometeorological station network shall perform hydrometeorological observation for a private purpose organized by Ministries, sectors and localities, established, managed and operated by individuals according to laws.

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1. Principles of planning:

a) Ensure observations reflect happenings in space and time of hydrometeorological elements requiring observations and meeting purposes of operation and use of hydrometeorological information, data;

b) Ensure uniformity, advancement, inheritance and conformity with socio-economic development targets and requirements of national security and defense;

c) Planning for national hydrometeorological station network should be unified, incorporated to the planning for national natural resources and environment monitoring network, meeting requirements for sharing data among stations, ensuring effective use of the state budget.

2. Foundations for planning:

a) Strategy, planning, plan for socio-economic development of the country; strategy for development of meteorology and hydrology branch; national strategy for climate change; national strategy for natural disaster prevention and combat; national strategy for water resources; national strategy for development of information technology and communications; planning for land use at national level; planning for national telecommunications development and other relevant strategies, planning, plans;

b) Results of the implementation of strategy for development of meteorology and hydrology branch, national strategy for climate change, planning for national hydrometeorological station network of previous period;

c) Scientific and technological advances in observations, measurements and communications about forecasts, warnings, climate change monitoring;

3. Planning period for national hydrometeorological station network is 10 years with a vision to 20 years.

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a) General analysis and assessment of natural conditions, socio-economic and environmental conditions, actual state of hydrometeorological activities, response to climate change; determination of demands for hydrometeorological information, data for socio-economic development, national security and defense, natural disaster prevention and fighting, response to climate change;

b) Assessment of performance of the planning for national hydrometeorological station network of previous period; activities of hydrometeorological observation and climate change monitoring; results of the implementation of strategy, planning and plans for development of meteorology and hydrology branch;

c) Assessment of changes in space and time to hydrometeorological elements that need observing;

d) Determination of density, quantity, position, planning map, list of stations, subject matters of observation of each station belonging to national hydrometeorological station network;

dd) Determination of resources, timeframe and measures for implementation of the planning;

5. Responsibility for establishment and approval for the planning:

The Ministry of Natural Resources and Environment shall be responsible for establishing and submitting the planning for national hydrometeorological station network to the Prime Minister for approval.

6. Adjustments to the planning:

a) The planning for national hydrometeorological station network shall be checked and adjusted every five year or upon pressing requests for socio-economic development, assurance of national security and defense, or when changes to the strategies, planning, plans as prescribed in Point a, Clause 2, this Article have major impacts on content of the planning;

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7. The planning for national hydrometeorological station network and adjustments thereto should be assessed prior to approval according to the law on planning;

Article 12. Plan for development of special-purpose hydrometeorological station network of ministries, sectors and localities

1. Ministries, sectors and localities shall establish the plan for development of special-purpose hydrometeorological station network if having demands for exploitation and use of hydrometeorological information, data for private purposes.

2. Principles of planning:

a) Meet purposes for exploitation and use of hydrometeorological information, data by ministries, sectors and localities;

b) Ensure uniformity, advancement, inheritance and compliance with development goals set by ministries, sectors and localities;

c) Special-purpose hydrometeorological station network should not duplicate or overlap with national hydrometeorological station network;

3. Foundations for planning:

a) Strategies, planning and plans as prescribed in Point a, Clause 2, Article 11 hereof and relevant strategies, planning and plans of ministries, sectors and localities;

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c) Demands for exploitation and use of hydrometeorological information, data for private purposes;

4. The plan for development of special-purpose hydrometeorological station network shall be established at the same time with the construction of the planning, plan for socio-economic development by ministries, sectors and localities, and annually be adjusted, supplemented to meet actual demands;

5. Main information of the planning:

a) Determination of demands of ministries, sectors and localities for exploitation and use of hydrometeorological information, data;

b) Assessment of capacity of national hydrometeorological station network to meet actual demands for hydrometeorological information, data for private purposes;

c) Determination of quantity, position, list of stations; operation time of each station belonging to special-purpose hydrometeorological station network;

d) Determination of resources and measures for implementation of the plan;

6. Responsibility for establishment and approval for the plan:

a) Ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces shall organize the establishment of the plan for development of special-purpose hydrometeorological station network within management;

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Article 13. Hydrometeorological monitoring

1. Requirements for hydrometeorological monitoring:

a) Monitoring should be carried out with accuracy, continuity and uniformity according to technical regulations and professional processes;

b) Result of monitoring should ensure representation, objective reflection of natural conditions, current conditions of hydrometeorological phenomena in the areas where the station is located;

c) Monitoring information, data must be examined and assessed for quality.

2. Subject matters of hydrometeorological monitoring:

a) Subject matters of hydrometeorological monitoring shall be specifically determined for each hydrometeorological station;

b) The Ministry of Natural Resources and Environment shall define details of monitoring for stations belonging to national hydrometeorological station network.

c) Ministries, sectors and localities, organizations and individuals shall define subject matters of monitoring for special-purpose hydrometeorological stations within management;

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3. Hydrometeorological monitoring by project owners:

Any project being affected by or affecting hydrometeorological conditions during the construction, operation which may affect safety, life and properties of communities, the project owner should organize monitoring and supplying information, data as prescribed in Clause 5, this Article.

4. Hydrometeorological monitoring on planes, ships:

Encourage owners of planes, ships operating in the territory of the Socialist Republic of Vietnam to carry out hydrometeorological monitoring and report monitoring result to national hydrometeorological forecasting and warning system according to meteorological codes of World meteorological organization (WMO) and International civil aviation organization (ICAO);

5. Hydrometeorological monitoring information, data should be provided to national hydrometeorological forecasting and warning system and national hydrometeorological database.

6. The Government shall detail Clauses 3 and 5, this Article.

Article 14. Establishment, movement and dissolution of hydrometeorological stations

1. Establishment of stations belonging to national hydrometeorological station network:

a) The Minister of Natural Resources and Environment shall decide the establishment of stations belonging to national hydrometeorological station network according to the planning for national hydrometeorological station network approved by the Prime Minister.

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2. Establishment of special-purpose hydrometeorological stations:

a) Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People’s Committees shall make decisions on the establishment of special-purpose hydrometeorological stations according to the plan for development of special-purpose hydrometeorological station network by Ministries, sectors and localities;

b) Organizations, individuals may decide the establishment of hydrometeorological stations for their own purposes;

c) Competent persons, organizations and individuals as prescribed in Points a, b, this Clause shall be responsible for making notice about the establishment of special-purpose hydrometeorological stations to the Ministry of Natural Resources and Environment and provincial-level state administration agencies where the stations are located.

3. Movement of stations belonging to national hydrometeorological station network:

a) Stations belonging to national hydrometeorological station network shall be moved in following cases: Suffer losses caused by natural disasters; matters related to national security and defense; stations within important socio-economic development project; technical corridors seriously invaded or impacts of natural conditions resulting in inadequate technical conditions; monitoring information, data not reflecting natural law and hydrometeorological conditions in the areas where stations are located;

New position of stations should meet requirements for monitoring and relevant law provisions.

b) Monitoring should be carried out simultaneously at old and new stations to ensure continuity of data chain and uninterrupted provision of information, data to hydrometeorological forecasting and warning tasks, international exchange;

c) The Minister of Natural Resources and Environment shall make decision on movement of stations within national hydrometeorological station network.

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Movement of special-purpose hydrometeorological stations shall be decided by establishing competent persons, organizations and individuals; a written notice should be delivered to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after movement.

5. Dissolution of hydrometeorological stations:

a) Stations belonging to national hydrometeorological station network shall be dissolved in following cases: The stations are no longer in the planning and fail to guarantee technical conditions for monitoring.

The Minister of Natural Resources and Environment shall make decision on dissolution of stations within national hydrometeorological station network.

b) Special-purpose hydrometeorological stations shall be dissolved in following cases: The stations are no longer in the development plan by ministries, sectors and localities, fail to ensure conditions for conversion into national hydrometeorological, fail to guarantee technical conditions for monitoring; the stations’ goal has been achieved.

Competent persons, organizations and individuals that establish hydrometeorological stations may make decision on the dissolution of hydrometeorological stations. A written notice should be issued to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after dissolution.

Article 15. Technical corridors of hydrometeorological works

1. Technical corridors of hydrometeorological works shall be guaranteed in quality according to technical regulations on hydrometeorology.

2. Technical corridors of hydrometeorological works shall be specifically regulated for each type of hydrometeorological work.

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4. The Government shall detail this Article.

Article 16. Protection of hydrometeorological works

1. Subject matters of protection of hydrometeorological works:

a) Establishment of records, landmarks, scope of technical corridors and issuance of notifications to People’s Committees of communes where the stations are located;

b) Protection of technical corridors; prevention of prohibited acts as prescribed in Clauses 2, 3, 4, 5 and 6, Article 8 hereof;

c) Execution of measures to prevent, combat and reduce losses caused by natural disasters and other risks;

d) Maintenance and repair of the works according to technical regulations and professional processes;

2. Responsibility for protection of hydrometeorological works:

a) The Ministry of Natural Resources and Environment shall organize protecting hydrometeorological works within national hydrometeorological station network;

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Article 17. Hydrometeorological investigation and survey

1. Requirements for hydrometeorological investigation and survey:

a) Investigation and survey of the use of state budget should accord with programs, plans approved by competent authorities; result of investigation and survey should be assessed for quality;

b) Monitoring, measurement in investigation and survey should accord with technical regulations and professional processes.

2. Subject matters of hydrometeorological investigation and survey:

a) Determination of positions of stations and areas for investigation and survey on mainland or coordinates of stations and areas for investigation and survey on sea;

b) Construction of temporary hydrometeorological works serving investigation and survey (if any);

c) Observation and measurement of hydrometeorological elements, other relevant elements and topography of survey areas;

d) Calculation and restoration of characters and happenings of natural disasters in survey areas;

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a) The Ministry of Natural Resources and Environment shall carry out investigation and survey to supply additional information and data to national hydrometeorological station network or conduct unexpected investigation, survey during or in the aftermath of natural disaster.

b) Ministries, sectors, localities, organizations and individuals may carry out investigation and survey for their own purposes.

Article 18. Management of quality of hydrometeorological measurement instruments

1. Subject matters of management of quality of hydrometeorological measurement instruments:

a) Promulgation of the list of hydrometeorological measurement instruments subject to inspection, calibration;

b) Organization of inspection and calibration of hydrometeorological measurement instruments;

2. The Minister of Science and Technology shall promulgate the list of hydrometeorological measurement instruments subject to inspection and calibration as proposed by the Ministry of Natural Resources and Environment.

Article 19. Inspection and calibration of hydrometeorological measurement instruments

1. Inspection and calibration of hydrometeorological measurement instruments subject to inspection and calibration should be carried out in accordance with the law on measurements.

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3. Inspection and calibration of hydrometeorological measuring instruments shall be carried out by a qualified entity according to the law on measurement.

Chapter III

HYDROMETEOROLOGICAL FORECASTS, WARNINGS

Article 20. Hydrometeorological forecasting and warning activities

1. Collect, process, analyze and store data and information about hydrometeorology, climate change monitoring and relevant information at national, regional and global level;

2. Establish and release hydrometeorological bulletins;

3. Provide hydrometeorological forecasting and warning information;

4. Provide instruction on exploitation of hydrometeorological forecasting and warning information;

5. Assess quality of hydrometeorological forecasts, warnings;

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1. Hydrometeorological forecasting and warning should be in compliance with technical regulations, professional processes;

2. Organizations and individuals operating in hydrometeorological forecasting and warning activities shall be responsible for content of hydrometeorological bulletins released.

3. Hydrometeorological forecasts and warnings should be regularly and punctually updated on developments of hydrometeorological phenomena, easily understandable, usable and communicated in Vietnamese language.

Article 22. Type and duration of hydrometeorological bulletin

1. Types of hydrometeorological bulletin:

a) Weather, hydrographical, oceanographical forecasting bulletins;

b) Hydrometeorological bulletins for natural disasters;

c) Forecasting bulletins for climate, water sources;

d) Forecasting bulletins on special subject on request;

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2. Duration of hydrometeorological forecasting, warning:

a) Extremely short duration;

b) Short duration;

c) Medium duration;

d) Long duration;

dd) Other durations;

3. The Minister of Natural Resources and Environment shall detail this Article.

Article 23. Subject matters of hydrometeorological forecasting and warning bulletins

1. Unless otherwise as regulated in Clause 2, this Article, subject matters of a hydrometeorological forecasting and warning bulletin shall include actual state and future developments of the subject in accordance with type and duration of forecasting and warning bulletin as prescribed in Article hereof.

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Article 24. National hydrometeorological forecasting and warning system

1. National hydrometeorological forecasting and warning system is composed of public service providers for hydrometeorological forecasting and warning (hereinafter referred to as ‘public service providers’) at all levels under the management of the Ministry of Natural Resources and Environment.

2. Operating principles of national hydrometeorological forecasting and warning system:

a) Subordinate public service providers shall be placed under the management of superior public service providers;

b) Subordinate public service providers shall elaborate hydrometeorological bulletins supplied by superior public service providers, releasing hydrometeorological bulletins in the administrative divisions under management;

c) Public service providers shall regularly exchange and update information and data to ensure uniformity, adequacy and timeliness of hydrometeorological forecasts and warnings;

3. Responsibility of national hydrometeorological forecasting and warning system:

a) Release hydrometeorological bulletins; make forecasts and warnings about hydrometeorological natural disasters across the country;

b) Release marine hydrometeorological bulletins as member of World Meteorological Organization;

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d) Receive domestic and overseas hydrometeorological information, data from international organizations; transmit overseas hydrometeorological information, data in Vietnam according to the international agreements to which the Socialist Republic of Vietnam is a signatory;

dd) Supply and provide instruction on the use of hydrometeorological forecasting, warning information, data and products to agencies, organizations as prescribed in Clause 1, Article 27 hereof;

e) Construct radio and TV programs to deliver hydrometeorological forecasting and warning information to communities in a timely and adequate manner according to this Law and the law on journalism;

g) Comply and regularly update technical regulations, professional processes, regulations on hydrometeorological forecasting and warning;

h) Assess quality of hydrometeorological forecasts, warnings;

i) Store hydrometeorological forecasts and warnings in the form of information and data;

Article 25. Hydrometeorological forecasts and warnings provided by organizations or individuals outside national hydrometeorological forecasting and warning system

1. Organizations and individuals performing hydrometeorological forecasting and warning should meet the requirements and obtain the license granted by competent state management agencies.

2. Organizations or individuals performing hydrometeorological forecasting and warning shall have rights and obligations as prescribed in Article 40 hereof.

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a) Have appropriate material and technical bases;

b) Have appropriate legal capacity and human resources (in case of organizations)

c) Have appropriate professional qualifications and experience in the area (in case of individuals);

4. Requirements for foreign organizations and individuals to perform hydrometeorological forecasting and warning in Vietnam:

a) Meet requirements as prescribed in Clause 3, this Article;

b) Currently work and legally reside in Vietnam;

c) Have Vietnamese-speaking personnel or appropriate interpreters;

5. Authority to issue, extend, suspend and revoke license for hydrometeorological forecasting and warning operation (hereinafter referred to as ‘license’):

a) The Minister of Natural Resources and Environment shall implement issuance, extension, suspension or revocation of licenses for organizations or individuals that perform hydrometeorological forecasting and warning in the area covering at least two central-affiliated cities and provinces or in other central-affiliated cities and provinces where organizations are headquartered or individuals reside; foreign organizations, individuals performing hydrometeorological forecasting and warning in Vietnam;

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6. Validity period of the license is five years to the maximum.

Organizations or individuals performing hydrometeorological forecasting and warning that violates the law on hydrometeorology or fails to meet requirements as prescribed in Clauses 3 or 4, this Article, depending on nature and severity of the violations, may be temporarily suspended or stripped of the license.

7. The Government shall detail this Article.

Article 26. Communication of hydrometeorological forecasting and warning bulletins

1. Communication of hydrometeorological forecasting and warning information is instructed in the law on natural disaster prevention and combat.

2. In case communication of hydrometeorological forecasting and warning information is aimed at ethnic minorities, the language of communication should be appropriately adapted.

Article 27. Use of hydrometeorological forecasting and warning bulletins

1. Steering agencies for natural disaster prevention and combat, search and rescue, Vietnam News Agency, Voice of Vietnam, Vietnam Television, agencies tasked with implementing the International Agreement on hydrometeorology, climate change of which Vietnam is a signatory should use hydrometeorological forecasting and warning information issued by national hydrometeorological forecasting and warning system.

2. Agencies, organizations, and individuals performing natural disaster prevention and combat should use latest natural disaster forecasting and warning bulletins released by national hydrometeorological forecasting and warning system.

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1. Subject matters of management of hydrometeorological forecasting and warning activities:

a) Establish and promulgate technical regulations, professional processes and regulations on hydrometeorological forecasting and warning within competence or make the submission to competent authorities for promulgation;

b) Inspect, supervise and assess quality of hydrometeorological forecasts, warnings;

c) Conduct scientific and technological research, apply technical advances to hydrometeorological forecasting and warning activities;

d) Supply and exchange hydrometeorological information, data with other countries, international organizations according to laws;

2. National hydrometeorological forecasting and warning system, organizations and individuals performing hydrometeorological forecasting and warning activities shall be responsible for complying with regulations as prescribed in Clause 1, this Article.

Chapter IV

HYDROMETEOROLOGICAL INFORMATION AND DATA

Article 29. Hydrometeorological information and data

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2. Hydrometeorological information, data collected from other countries, international organizations;

3. Charts, maps, satellite images; films, pictures;

4. Hydrometeorological forecasting and warning bulletins; announcements of hydrometeorological situations;

5. Technical documents of hydrometeorological stations, works and measuring instruments;

6. Applications for issuance, extension, suspension and revocation of licenses;

7. Findings of scientific research, programs and projects on hydrometeorology; plans and results of implementation of impacts on weather;

8. Legislative documents, technical instructions on hydrometeorology;

Article 30. Storage of hydrometeorological information and data

1. Hydrometeorological information and data should be stored and protected for a long time.

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3. Hydrometeorological information, data as prescribed in Clauses 1, 2 and 3, Article 29 hereof should be inspected, classified and assessed for quality before storage.

4. Hydrometeorological information, data of state secrets should be protected according to the law on protection of state secrets.

5. The Ministry of Natural Resources and Environment shall organize storage and protection of hydrometeorological information, data according to laws.

Article 31. National hydrometeorological database

1. National hydrometeorological database is a uniform collection of all information, data as prescribed in Article 29, Clause 2, Article 34 hereof across the country, being standardized according to national standards, digitalized for updating, management and exploitation via information technology system.

2. The Minister of Natural Resources and Environment shall stipulate dataset, data standards; organize construction and management of national hydrometeorological database;

Article 32. Use of hydrometeorological information and data

1. Agencies, organizations, and individuals may use national hydrometeorological database according to this law and relevant law provisions.

2. Hydrometeorological information, data used in programs, planning, plans and socio-economic development projects should have clear origins, supplied and confirmed by agencies, organizations, and individuals as prescribed in Article 39 hereof, or supplied by national hydrometeorological database.

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4. Agencies, organizations, and individuals who need to exploit hydrometeorological information, data should pay fees according to laws except for cases as prescribed in Clause 5, this Article.

5. Regulatory agencies that exploit hydrometeorological information, data for following purposes shall not pay fees:

a) Making public announcements on mass media not for profits;

b) Serving natural disaster prevention and combat, ensuring protection of national security and defense;

c) Exchanging information with other countries, international organizations according to the international agreements to which the Socialist Republic of Vietnam is a signatory;

d) Other purposes at the request of competent state agencies;

6. The Government shall detail this Article.

Chapter V

CLIMATE CHANGE MONITORING

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1. Establish, manage and exploit climate change monitoring stations and database;

2. Collect hydrometeorological information, data monitored at national hydrometeorological station network, special-purpose hydrometeorological station network and relevant information, data;

3. Establish national climate standards;

4. Analyze, assess and follow up signs of climate change;

5. Assess impacts of climate change on natural disasters, natural resources, environment, ecosystem, living conditions, socio-economic activities; assess measures to adapt to and ease climate change on socio-economic development;

6. Assess national climate;

7. Establish climate change scenario;

8. The Minister of Natural Resources and Environment shall detail Clauses 5 and 6, this Article.

Article 34. Climate change monitoring database

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2. Climate change monitoring information, data:

a) Past and present hydrometeorological information, data monitored at national hydrometeorological station network, special-purpose hydrometeorological station network;

b) Information and data about impacts of natural disasters and climate change on natural resources, environment, ecosystem, living conditions and socio-economic activities;

c) Information and data about greenhouse gas emission and related socio-economic activities;

d) Information and data about ozone layers, protection of ozone layers and management of ozone-depleting substance;

dd) Establish national climate standards;

c) Results of national climate assessment;

g) Climate change scenario over periods;

h) Technical documents of climate change monitoring stations;

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k) Legislative documents, technical instructions on climate change monitoring;

3. Information, data about climate change monitoring are stored, exploited and used according to Articles 30, 32 hereof;

Article 35. National climate assessment

1. Subject matters of national climate assessment:

a) Actual state of climate in Vietnam to the end of assessment period;

b) Climate fluctuations and climate change in Vietnam compared with history, previous assessment period and national and global climate standards;

c) Impacts of climate and climate change on natural resources, environment, ecosystem, living conditions and socio-economic activities;

d) Results of responding to climate change;

dd) Level of suitability of climate change scenarios, use of climate change scenarios in activities of responding to climate change;

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2. National climate assessment period is 10 years and may be adjusted or supplemented if need be.

Article 36. Climate change scenario

1. Subject matters of climate change scenarios:

a) Announcements made by Intergovernmental Panel on Climate Change (IPCC) and Vietnam’s assessment reports about signs of climate change in the region and the world;

b) Signs of climate change in Vietnam;

c) Results of assessment of climate change scenarios of previous periods;

d) Changes of temperature, rainfall, humidity, rising sea and other hydrometeorological elements in Vietnam in the future according to presumptions;

e) Other relevant matters;

2. The period of establishing and announcing climate change is five years and may be updated, adjusted or supplemented if necessary.

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1. Subject matters:

a) Using hydrometeorological, climate change monitoring information, data to assess natural conditions, environment in the area for which the strategy, planning, plan is made;

b) Using results of analysis and assessment of signs of climate change and its impacts on natural disasters, natural resources, environment, ecosystem, living conditions, socio-economic activities and interdisciplinary, interregional matters to determine long-term goals of the strategy, planning and plan;

c) Using results of analysis and assessment of measures of responding to climate change to determine socio-economic targets of the strategy, planning and plan;

2. The strategy, planning and plan belonging to the list subject to strategic environment assessment should integrate with results of climate change monitoring and responding to climate change as  prescribed hereof and the law on environmental protection.

3. Assessment of integration:

The assessment of integration of results of climate change monitoring into the strategy, planning and plan should be carried out simultaneously with the assessment of strategic environment assessment report according to the law on environmental protection.

Chapter VI

HYDROMETEOROLOGICAL SERVICES

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1. Hydrometeorological services are public services not for profits, including:

a) Supplying hydrometeorological information, data, climate change monitoring, climate change scenarios, hydrometeorological forecasting and warning bulletins to state agencies and organizations serving the establishment of the strategy, planning and plan for socio-economic development, guaranteeing national security and defense;

b) Supplying hydrometeorological forecasting and warning information serving natural disaster prevention and combat, search and rescue operation;

c) Supplying hydrometeorological forecasting and warning bulletins to media agencies serving the communities not for profits;

d) Supplying hydrometeorological information, data, forecasting and warning bulletins to other countries, international organizations according to the international agreements to which Vietnam is a signatory;

dd) Other hydrometeorological activities at the request of competent state agencies;

2. Hydrometeorological services are paid activities on the basis of an agreement between the service supplier and service user, including:

a) Supplying hydrometeorological, climate change monitoring information, data, hydrometeorological bulletins on request outside the cases as prescribed in Clause 1, this Article;

b) Construct and supply products of information and communications about hydrometeorology and climate change;

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d) Transferring findings of scientific and technological research (not using state budget) about hydrometeorological, climate change monitoring;

dd) Construct, install and instruct operation of hydrometeorological works, measuring instruments; 

e) Construct and supply technical infrastructure system about hydrometeorological forecasting, warning, communications;

g) Inspect, calibrate, install and repair hydrometeorological measuring instruments;

h) Consulting services on hydrometeorological, climate change monitoring;

i) Train human resources for hydrometeorological and climate change monitoring;

k) Other activities related to hydrometeorological and climate change monitoring at the request of agencies, organizations, and individuals;

Article 39. Agencies, organizations, and individuals performing hydrometeorological services

1. Public hydrometeorological service providers, agencies shall perform hydrometeorological activities as prescribed in Clause 1, Article 38 hereof.

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Other organizations and individuals may provide hydrometeorological services according to this Law and relevant law provisions.

Article 40. Rights and obligations of public hydrometeorological service providers, other organizations or individuals providing hydrometeorological services

1. Public hydrometeorological service providers, other organizations or individuals providing hydrometeorological services shall have following rights:

a) Be eligible for provision of hydrometeorological services;

b) Exploit information and data from national hydrometeorological database;

c) Contract, partner or associate with organizations, individuals at home or abroad for the provision of hydrometeorological services;

d) Take part in bidding for the implementation of scientific research project on hydrometeorology using state budget capital;

dd) Organizations and individuals may fix prices for hydrometeorological products and services produced by themselves and other expenses according to laws;

e) Other rights;

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a) Responsible for quality of hydrometeorological services provided;

b) Be subject to management by relevant regulatory agencies;

c) Liable for taxes, fees and charges according to laws;

d) Implement requirements of competent state agencies for reporting, inspecting, investigating and handling violations in activities of providing hydrometeorological services according to laws;

Chapter VII

IMPACTS ON WEATHER

Article 41. Principles of creating impacts on weather

1. Human impacts on weather are made only in an area with appropriate natural conditions and infrastructure in a specified period of time.

2. Human impacts on weather should not hinder or impose adverse effects on socio-economic activities, national security and defense;

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4. Activities of making impacts shall be implemented under the approved plan and should be publicly notified to residential community in the area.

Article 42. Eligibility for making impacts on weather

1. Impacts to cause rain or increase rainfall;

2. Impacts to reduce rainfall or not to let rain happen;

3. Impacts to break or reduce strength of hails;

4. Impacts to break or reduce strength of fogs;

Article 43. Agencies, organizations making impacts on weather

1. Public hydrometeorological service providers;

2. Highly qualified scientific and technological organizations, economic organizations (Vietnam);

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Article 44. Establishment and approval for plan for making impacts on weather and supervision of implementation

1. Any agency or organization that needs to make impacts on weather should establish and submit the plan for making impacts on weather to the Ministry of Natural Resources and Environment for assessment and approval within competence or to the Prime Minister for approval.

2. The plan for making impacts on weather should comprise following information:

a) Purposes of making impacts on weather as prescribed in Article 42 hereof;

b) Areas expected to make impacts on;

c) Time expected to make impacts on weather;

d) Measures;

dd) Agencies, organizations expected to make impacts on weather;

e) Measures to ensure safety and minimize negative impacts from human impacts on weather;

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4. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Defense, Ministry of Public Security, Ministry of Science and Technology in implementing assessment of the plan for making impacts on weather.

5. The Prime Minister shall grant approval for the plan for making impacts on weather in cases as prescribed in Clauses 1, 2, and 3, Article 42 hereof.

6. The Prime Minister shall grant approval for the plan for making impacts on weather in cases as prescribed in Clauses 1, 2, and 3, Article 42 hereof.

7. The Ministry of Natural Resources and Environment shall preside over and cooperate with the Ministry of Defense, Ministry of Public Security, Ministry of Science and Technology and relevant agencies in monitoring the plan for making impacts on weather.

8. The Minister of Natural Resources and Environment shall detail Clauses 1, 2 and 3, this Article.

Chapter VIII

INTERNATIONAL COOPERATION IN HYDROMETEOROLOGICAL ACTIVITIES

Article 45. Principles of international cooperation in hydrometeorological operation

1. Respect independence, sovereignty, territorial integrity and national interests;

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3. Strengthen integration and enhancement of Vietnam’s position in international organizations in hydrometeorology and climate change;

Article 46. Subject matters of international cooperation in hydrometeorological operation

1. Exchange data, information about hydrometeorological and climate change monitoring with international organizations, foreign organizations and individuals;

2. Take part in activities of monitoring, forecasting, investigating, studying, scientific and technological study in hydrometeorological and climate change monitoring in multi-lateral, bilateral, regional and global cooperation programs and projects;

3. Cooperate and exchange experts; train and develop high-quality human resources; send officials abroad for training, international organizations in hydrometeorology and climate change;

4. Organize and implement other international cooperation activities in hydrometeorology and climate change;

Article 47. Central agency for international cooperation in hydrometeorological activities

The Ministry of Natural Resources and Environment is the central agency for international cooperation in hydrometeorological activities.

Article 48. Exchange of data, information about hydrometeorological and climate change monitoring with international organizations, foreign organizations and individuals

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2. Exchange and supply of data, information about hydrometeorological and climate change monitoring with international organizations, foreign organizations are instructed in the International Agreement of which Vietnam is a signatory.

3. The Government shall detail Clause 2, this Article.

Chapter IX

STATE ADMINISTRATION ON HYDROMETEOROLOGICAL ACTIVITIES

Article 49. Subject matters of state administration on hydrometeorological activities

1. Establish, promulgate and organize the implementation of legislative documents, policies, strategy, planning, plans, technical regulations, professional processes, economic and technical norms on hydrometeorological and climate change monitoring;

2. Manage station networks, activities of monitoring, forecasting, warning; spread forecasting and warning bulletins; exploit and use information, data;

3. Organize dissemination and education about laws to enhance awareness among communities; make investment in scientific and technological research; train and develop human resource in hydrometeorology and climate change;

4. Instruct use of information, data about hydrometeorological and climate change monitoring in strategies, planning, plans, socio-economic development programs and projects; integrate results of climate change monitoring into strategies, planning and plans;

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6. International cooperation in hydrometeorological activities

7. Investigate, inspect and handle violations about hydrometeorology; handle complaints, denunciations about hydrometeorology;

Article 50. Responsibility of the Government

The government shall unify state administration on hydrometeorological activities across the country.

Article 51. Responsibility of the Minister of Natural Resources and Environment

1. Responsible to the government for implementing state administration on hydrometeorological activities across the country;

2. Preside over construction and submission of legislative documents, strategies, planning, plans, programs, projects, national projects on hydrometeorological and climate change monitoring to competent state agencies for promulgation;

3. Establish, promulgate within competence and organize the implementation of legislative documents, technical regulations, professional processes, economic and technical norms on hydrometeorological and climate change monitoring;

4. Manage and deploy the implementation of national hydrometeorological station network planning; organize protection of technical corridors of hydrometeorological works within national hydrometeorological station networks;

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6. Construct and submit mechanism and policies on hydrometeorological activities to competent authorities for promulgation and organize the implementation;

7. Manage, instruct and organize the implementation of hydrometeorological services;

8. Organize dissemination and education about laws to enhance awareness of communities about hydrometeorology; make investment in scientific and technological research; train and develop human resources in hydrometeorology and climate change;

9. Construct and manage national hydrometeorological database;

10. Manage and instruct exploitation and use of data, information about hydrometeorological and climate change monitoring for the establishment and implementation of strategies, planning, plans, socio-economic development programs and projects; integration of results of climate change monitoring into strategies, planning and plans;

11. Preside over and cooperate with ministries, sectors and localities in performing assessment of national climate; construct and instruct the implementation of climate change scenarios;

12. Organize assessment, approval and supervision of the implementation of the plan for making impacts on weather within competence;

13. Issue, extend, suspend and revoke licenses; conduct quality management for hydrometeorological measuring instruments as prescribed;

14. Make reports to the Government, the Prime Minister on participation in international organizations, joining the International Agreement on hydrometeorology and climate change; preside over international cooperation in hydrometeorological activities

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Article 52. Responsibility of ministers, heads of ministerial-level agencies

1. Ministers, heads of ministerial-level agencies shall be responsible for implementing the duties as prescribed hereof and cooperating with the Minister of Natural Resources and Environment in organizing the implementation of the law on hydrometeorology within management; make annual reports on hydrometeorological activities within management to the Minister of Natural Resources and Environment for compilation and submission to the Government.

2. Responsibility of ministers, heads of ministerial-level agencies:

a) The Minister of Agriculture and Rural Development shall preside over and cooperate with the Ministry of Natural Resources and Environment in providing instructions to agencies, organizations, and individuals operating in the areas of agriculture and rural development on exploitation and supply of data and information about hydrometeorology, climate change scenarios for natural disaster prevention and combat, construction and development of agriculture and rural areas; establishment and promulgation of technical regulations on construction, management and operation of natural disaster prevention and combating works in climate change conditions;

b) The Minister of National Defense shall preside over and cooperate with Minister of Natural Resources and Environment in promulgating regulations on exchange of hydrometeorological information, data between special-purpose hydrometeorological station networks serving national defense and national hydrometeorological station networks; coordinate management and supervision of activities of making impacts on weather;

b) The Minister of Public Security shall preside over and cooperate with Minister of Natural Resources and Environment in promulgating regulations on exchange of hydrometeorological information, data between special-purpose hydrometeorological station networks serving national defense and national hydrometeorological station networks; coordinate management and supervision of activities of making impacts on weather;

d) The Minister of Information and Communications shall preside over and cooperate with the Minister of Natural Resources and Environment in establishing the master plan, prioritizing allocation of frequency serving activities of hydrometeorological and climate change monitoring as prescribed hereof and in the law on radio frequencies; construct strategies for comprehensive development of telecommunications, information technology infrastructures and master plans for appropriate telecommunications resources serving hydrometeorological activities; direct communication of data, information about hydrometeorological and climate change monitoring on mass media as prescribed hereof and in the law on journalism;

dd) The Minister of Transport shall preside over and cooperate with the Minister of Natural Resources and Environment in providing instructions to agencies, organizations, and individuals operating in the areas of transportation on exploitation and supply of hydrometeorological information, data, forecasting and warning bulletins, climate change scenarios; promulgate regulations on use and exchange of hydrometeorological information, data in the country and overseas serving hydrometeorological forecasting and warning activities meeting requirements for safety for flights in civil aviation; promulgate technical regulations on supply of aviation hydrometeorological services as prescribed hereof and in the law on civil aviation;

e) The Minister of Industry and Trade shall preside over and cooperate with the Minister of Natural Resources and Environment in providing instructions to agencies, organizations, and individuals operating in the areas of industry and trade on exploitation and supply of hydrometeorological information, data, forecasting and warning bulletins, climate change scenarios in construction, management and operation of power plants and other works within management;

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h) The Minister of Science and Technology shall preside over and cooperate with the Minister of Natural Resources and Environment in assessing and publishing national standards on hydrometeorology and climate change; coordinate management and supervision of activities of making impacts on weather;

i) The Minister of Education and Training shall preside over and cooperate with the Minister of Natural Resources and Environment in directing and instructing training and educational establishments in constructing and developing training and educational programs, materials on hydrometeorological activities;

k) Other ministers, heads of ministerial-level agencies shall preside over and cooperate with the Minister of Natural Resources and Environment in organizing instruction, inspection and expedition of agencies, organizations, and individuals within management to implement regulations on exploitation, use of hydrometeorological information, data, forecasting and warning bulletins, climate change scenarios, results of climate change monitoring in the construction and implementation of strategies, planning and plans for development of branches, areas within management.

Article 53. Responsibility of People’s committees at all levels

1. People’s committees of provinces:

a) Establish, promulgate within competence and organize the implementation of legislative documents on hydrometeorological and climate change monitoring;

b) Submit the plan for allocation of cost estimates, management and use of budget according to the law for the implementation of hydrometeorological activities serving demands for socio-economic development, natural disaster prevention and combat in localities;

c) Issue, extend, suspend and revoke licenses as prescribed;

d) Manage activities of monitoring, forecasting, warning, providing hydrometeorological services in localities;

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e) Organize and direct the verification and assessment of exploitation and use of hydrometeorological information, data in strategies, planning, plans, socio-economic development programs, projects; integration of results of climate change monitoring into strategies, planning and plans in the administrative division within management;

g) Organize assessment of climate change impacts, establish measures to respond to climate change in branches, areas within management;

h) Organize spreading hydrometeorological forecasting and warning bulletins within management;

i) Manage and store information, data; construct hydrometeorological database within management;

k) Carry out dissemination and education about laws, propagate hydrometeorology and climate change; implement measures to develop activities of providing hydrometeorological services in the administrative division;

l) Implement international cooperation in hydrometeorological activities within competence;

m) Investigate, inspect and handle complaints, denunciations about hydrometeorology within competence;

n) Handle within competence acts of violating technical corridors of hydrometeorological works and other violations in the administrative division;

o) Make the report to the Ministry of Natural Resources and Environment on state administration on hydrometeorological activities in the administrative division;

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a) Monitor compliance with the law on hydrometeorology by agencies, organizations, and individuals in the administrative division;

b) Monitor and assess exploitation and use of hydrometeorological forecasting and warning bulletins serving socio-economic development, natural disaster prevention and combat in the administrative division;

c) Carry out dissemination and education about laws; propagate hydrometeorology; participate in the settlement of hydrometeorology-related violations within competence;

d) Compile and make the report to People’s committees of immediate upper level on hydrometeorological activities, losses caused by natural disaster in the administrative division;

dd) Participate in the settlement of complaints, denunciations about operation and protection of hydrometeorological works in the administrative division;

e) Perform state administration on hydrometeorological activities as assigned or authorized by upper state administration agencies;

3. People’s committees of communes:

a) Participate in the protection of hydrometeorological works in the administrative division;

b) Carry out dissemination and education about laws; propagate hydrometeorology; participate in the settlement of hydrometeorology-related violations within competence;

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d) Participate in the settlement of complaints, denunciations about operation and protection of hydrometeorological works in the administrative division;

dd) Perform state administration on hydrometeorological activities as assigned or authorized by upper state administration agencies;

Chapter X

IMPLEMENTARY PROVISIONS

Article 54. Supplements to list of conditional business lines as prescribed in the Law on investment

Supplements to Annex 4 ‘List of conditional business lines’ as prescribed in the Law on Investment No. 67/2014/QH13 as follows:

‘268. Hydrometeorological forecasting and warning”

Article 55. Transitional provisions

1. Any application received and handled by competent state agencies according to administrative procedures on hydrometeorological activities before the effective date of this Law shall be considered and handled according to law provisions at the time of reception unless otherwise as regulated in Clause 2, this Article.

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3. Within 12 months since this Law takes effect, agencies, organizations, and individuals currently managing and utilizing special-purpose stations shall be responsible for reporting current conditions of the stations within management as follows:

a) Ministries, ministerial-level agencies, Governmental agencies, People’s committees of provinces shall report to the Ministry of Natural Resources and Environment;

b) Organizations, individuals shall report to People’s committees of provinces where stations are located for compilation and submission to the Ministry of Natural Resources and Environment;

Article 56. Effect

1. This Law takes effect since July 01, 2016.

2. The Ordinance on utilization and protection of hydrometeorological works in 1994 shall become invalid since this Law takes effect.

Article 57. Detailed regulations

The Government, competent agencies shall detail articles, clauses prescribed in the Law./.

This Law has been ratified by the 13^th National Assembly of the Socialist Republic of Vietnam (10^th meeting session) in November 23, 2015./.

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CHAIRMAN OF NATIONAL ASSEMBLY




Nguyen Sinh Hung