Comparitive Analysis of Policy and Legislation related to...

Working Paper 07

Comparative Analysis of Policy and Legislation related to

Watershed Management in Cambodia, Lao PDR and Vietnam

Consultancy Report prepared by

Robert B. Oberndorf

Phnom Penh, September 2004 (Edition: Iris Richter, October 2004)

MRC-GTZ Cooperation Programme Agriculture, Irrigation and Forestry Programme

Watershed Management Component

Abbreviations and Acronyms EIA Environmental Impact Assessment ESIA Environmental Social Impact Assessment IEIA Initial Environmental Impact Assessment PM Prime Minister Cambodia NPRS National Poverty Reduction Strategy (Cambodia) MAFF Ministry of Agriculture, Forestry and Fisheries (Cambodia) MIME Ministry of Industry, Mines and Energy (Cambodia) MLMUPC Ministry of Land Management, Urban Planning and Construction (Cambodia) MOE Ministry of Environment (Cambodia) MOWRAM Ministry of Water Resources and Meteorology (Cambodia) RGC Royal Government of Cambodia SEDP Social Economic Development Plan (Cambodia) Lao PDR FS 2020 Forestry Strategy to the Year 2020 (Lao PDR) Lao PDR Lao People’s Democratic Republic LNMC Lao National Mekong Committee MAF Ministry of Agriculture and Forestry (Lao PDR) MCTPC Ministry of Communication, Transportation, Post and Construction (Lao

PDR) MFA Ministry of Foreign Affairs (Lao PDR) MIH Ministry of Industry and Handicraft (Lao PDR) MPH Ministry of Public Health (Lao PDR) MTT Ministry of Trade and Tourism (Lao PDR) NLMA National Land Management Agency (Lao PDR) RBP River Basin Plans (Lao PDR) STEA Science Technology and Environment Agency (Lao PDR) WRCC Water Resources Coordinating Committee (Lao PDR) WRMP Water Resource Management Plans (Lao PDR) Vietnam CPRGS Comprehensive Poverty Reduction and Growth Strategy (Vietnam) MARD Ministry of Agriculture and Rural Development (Vietnam) MNRE Ministry of Natural Resources and Environment (Vietnam) MOF Ministry of Forestry (Vietnam) Note: No longer exists NWRC National Water Resources Council (Vietnam) SFE State Forest Enterprise (Vietnam)

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Table of Contents

Abbreviations 1. Introduction 04 2. Policy Development 05 2.1 Policies in Cambodia 05 2.2 Policy Documents in the Lao PDR 08 2.3 Policy Documents in Vietnam 10 2.4 Comments on Policy Development in the Target Countries 12 3. Legislation 14 3.1 Legislation in Cambodia 14 3.2 Legislation in the Lao PDR 16 3.3 Legislation in Vietnam 19 3.4 Comments on the Legislative Framework in the Target Countries 22 4. Key Government Actors 23 4.1 Cambodia 23 4.2 Lao PDR 24 4.3 Vietnam 25 4.4 Overlaps or Conflicts 25 5. Conclusion 26 Annexes Annex 1: Rules and Regulations Relevant to Watershed Management in Cambodia 27 Annex 2: Rules and Regulations Relevant to Watershed Management in Lao PDR 43 Annex 3: Rules and Regulations Relevant to Watershed Management in Vietnam 64 Annex 4: List of Policies and Legislation Reviewed 92 Annex 5: Hierarchy of Legislation Reviewed 96

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1. Introduction The purpose of this report is to give the reader an overview and comparison of currently existing policy documents and legislation related to watershed management in the target countries of Cambodia, Lao PDR and Vietnam.1 The report begins with an overview and comparison of existing policy documents within each country, followed by an overview and comparison of key legislation that has been enacted. The report concludes with an overall comparison and status analysis of the policy and legislative landscape as related to watershed management within the target countries. A key part of this report is the legislation matrix located in Annexes 1 through 3. This provides the reader with an important reference tool to existing legislation and the relevant articles or chapters therein relating to watershed management issues. By using this matrix the reader can save valuable time by not having to read entire legislative enactments to find pertinent provisions.2 The format of the matrix is such that it can easily be updated as new legislation is enacted over time. This report is strictly limited to a review of documents that have been made available and does not take into account issues related to implementation or interpretation in the field. In addition, it is quite likely that some relevant policy or legislative documents could not be made available for the review, and that there are translation errors contained within the documents provided that could potentially impact on the analysis conducted.3 It is hoped that this report, with the information presented, will provide a useful overview of the current status of policy and legislative development within the area of watershed management for the target countries examined.

1 For purposes of this report, the term legislation is broadly applied to include all laws, rules and regulations enacted by the various levels of a government. 2 Electronic copies of all the policy and legislative documents reviewed for this report are available from MRC GTZ Cooperation Programme (WSMC). 3 The text of relevant articles contained in the matrix is taken directly from the translations available without modification.

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2. Policy Development The difference between policy and legislation is often confusing; in many instances commentators will refer to legislation as policy, though they should be separate and distinct instruments in the governance field. Policy documents represent a course of action or vision that a government has adopted, written in a standard report format, while legislation sets out specific mandates, rights, responsibilities and prohibitions on a subject matter within a rigid format of chapters and articles. Policy documents are written and adopted by a government’s executive branch. Legislation is enacted by either the legislative or executive branches of government, with Laws being enacted by the legislative branch and implementing rules and regulations enacted, implemented and enforced by the executive branch. Good policy documents should be clearly written providing a government and its administrative agencies with clear directions on a course of action that is adopted. Policy documents are often adopted to direct the drafting, enactment and implementation of legislation. Policy documents can also be written to assist in the interpretation of legislation by those entities that are responsible for implementation and enforcement. Properly written policy documents compliment and link to legislative documents. In instances where there is no written policy on a subject matter, then the legislative documents are often times referred to as the government’s policy; this is considered a very poor form of policy development, and in such instances clear policy should be written and adopted by the government. For government policy to be truly effective, it should contain clear statements on courses of action to be taken that can be effectively measured and monitored over time. Far too often policy documents only contain broad statements embracing a general concept without spelling out a clear course of action. The following is an overview of policy documents that either relate directly to or have provisions relating to watershed management in the target countries of Cambodia, Lao PDR and Vietnam. General comments on the status of policy development in this area are contained in Section 2.4. 2.1 Policies in Cambodia Royal Government of Cambodia’s Second Five Year Socio-Economic Development Plan 2001-2005 The Royal Government of Cambodia’s (RGC) Second Five Year Socio-Economic Development Plan (SEDP II) is a policy document charting the course for the governments focus on a broad variety of developmental issues with a concentration on actions to be taken to stimulate economic growth and private sector development. Because of the natural links between this policy and the recently adopted National Poverty Reduction Strategy (NPRS), the two will be combined in 2006. Though this policy document does not focus on watershed management, it does recognize as a development goal the sustainable use of natural resources. Within this area there are several disjointed statements that are linked to watershed management. There is a recognition that deforestation has led to “increased soil erosion, accelerating river silt, and changes to the Mekong River, Tonle Sap River and Tonle Sap Great Lake, which has resulted in…extensive flooding.” The policy also states that untreated wastewater is “also a significant problem leading to the pollution of rivers” and that “a key issue is how to utilize

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abundant water resources in a sustainable way particularly for the development of irrigation.” 4 The SEDP states that “rural infrastructure priorities are in the following order: water, roads and electricity. The development of single and multipurpose hydropower has the potential to mitigate floods, provide water for drinking and irrigation and also provide lower cost electricity to farmers and other local investors, as well as foreign investors.”5 Unfortunately this policy document does not make any concrete statements on what steps are to be taken to address any of these watershed management related issues. Royal Government of Cambodia’s National Poverty Reduction Strategy The NPRS, like SEPD II, covers a broad range of issues impacting on poverty reduction within Cambodia, but unlike SEPD II, it clearly addresses issues that relate to watershed management. The policy also lists objectives, actionable measures to be taken, measurable indicators and targets set to specific timelines and the agencies responsible for carrying out the actions. Some of the key actions called for in the NPRS that can be linked to watershed management are as follows:6

• Draft Sub-decree on Land Use Plans which clarify management responsibilities and user rights over land surrounding natural resources areas;

• Strengthen water control and management systems to reduce dependency on natural condition;

• Improve agricultural land use based on soil classification, mapping and soil degradation prevention measures;

• Mapping of irrigation systems using satellite imagery and/or aerial photography; • Establish a monitoring and evaluation system for irrigation and drainage within

MOWRAM, based in a first step on benchmarking in a sample of schemes and a sample of farms inside these schemes;

• Define flexible standard design procedures for different kind of irrigation, drainage and flood protection systems;

• Adopt a comprehensive set of guidelines and the necessary regulations about farmer's involvement in irrigation development and management.

The NPRS represents an improvement in the development of good policy within Cambodia, and it can be expected that this trend will continue with the integration of the SEDP and NPRS in 2006. While this policy document does show that there is government recognition of a link between poverty reduction and water resources management, the NPRS does not illustrate in any way that the RGC is embracing a natural resources or land use planning approach that is based on defined watersheds, river basins or catchment areas. Royal Government of Cambodia’s National Forestry Policy This document is not so much a policy document as it is a government statement, which states a commitment to broad management principles. A comprehensive forestry policy within Cambodia still needs to be developed. With this in mind, there is very little in this statement that links to watershed management issues. This is unfortunate, as forestry management is intrinsically linked to watershed quality. The only language that can be linked in any way is a very broad one that states the RGC will strengthen the conservation 4 SEDP II, Page 27 5 SEDP II, Page 37 6 NPRS Action Plan Matrix, Annex 3

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strategy to safeguard watersheds. Clearly there is a need for a comprehensive forestry policy that addresses watershed management issues. Royal Government of Cambodia’s National Water Resources Policy In January of 2004, the RGC adopted the country’s first National Water Resources Policy. This broadly worded document recognizes the importance of water resources within Cambodia, and calls for the sustainable development, use and conservation of these resources throughout the country. The document generally states that the RGC’s National Water Resources Policy is:

- To protect, manage and use water resources in an effective, equitable and sustainable manner, - To foresee and take measures to assist related institutions to address problems which might occur in the water sector, - To develop and implement the national strategy and formulate the national policy and sector policies on water resources management, - To direct the water resources development, management and utilization in the Kingdom of Cambodia to all activities of institutions, private sector and public sector, - To improve and uplift the citizens of Cambodia to achieve the national policy on poverty reduction and sustainable national economic development.7

The policy calls for a number of ambitiously broad actions to be taken, such as

• improvements in agricultural irrigation and improved participation of beneficiaries and farmer user communities,

• improved utilization of water resources for energy development, • improving access to water supplies for business and industry while simultaneously

reducing wastewater discharges, improved urban and rural domestic water supply, improved utilization of water resources for navigation and tourism purposes,

• improved collaboration between RGC institutions that have different responsibilities with regards to water resources,

• improve the legislative framework related to water resource management and protection, including improved enforcement capabilities,

• improved mitigation of water related hazards caused by floods and drought, • strengthen the capacity of RGC institutions, especially the Ministry of Water

Resources and Meteorology (MOWRAM), that deal with water resources issues, • improve the financial mechanisms for effective water resources management, • improve international cooperation and coordination on water resources issues, etc.

The major weakness with this policy document is that it does not spell out concrete actions that are to be taken, what timelines are involved or what institutions, agencies or departments are responsible. The only ministry that is mentioned is MOWRAM, and only in a very limited sense. One important positive aspect of the Water Resources Policy is that it formally introduces the concept of river basin planning and development to the management vernacular in Cambodia, defining the term “river basin” as follows: “The area of land and the system of channels that contribute water to a river system (often referred to as a catchment [English usage] or a watershed [American usage]). River basins are arranged in a “nested”

7 RGC National Water Resources Policy, Section 1, Pg. 1

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hierarchy, e.g. Mekong River basin contains the Tonle Sap basin, which contains the Battambang River basin, and so on).”8 The policy recognizes the importance of river basins as fundamental units of planning, development and management and calls for short, medium and long term river basin plans. Management efforts are to be focused on priority river basins that are “under threat” due to degradation or pressure from competing water uses. Unfortunately, the policy does not call for a river basin classification system to be developed. Though the Water Resources Policy has weaknesses, it represents an important step in the recognition by the RGC of the importance of water resources and the need to properly manage them in a sustainable manner. Like other government policies, it can and should be updated and improved over time. 2.2 Policy Documents in the Lao PDR Governments Strategic Vision for the Agricultural Sector The Strategic Vision for the Agricultural Sector outlines the Lao PDR government’s broad approach towards increasing agricultural output in a sustainable manner. This policy essentially approaches the issue of agricultural development in Laos by focusing on two separate agricultural economies: the flat lands along the Mekong corridor and the “sloping lands”. Though there is only limited reference to watershed management issues, there does appear to be recognition in this document of the importance of proper management and sustainable use of water resources through a watershed approach. The document purports to adopt a policy of “integrated area based natural resources management centered on watershed/river basins.” This approach to area-based development centered on integrated watersheds/river basins is emphasized in sloping land areas of the nation. In the flat land areas, there is a commitment to and emphasis on “increased and intensified irrigated dry season agriculture.” Both of these approaches adopt a decentralized development planning process with the promotion of participatory, community management of systems and natural resources. There are also policy commitments to the issue of irrigation that apply equally to both flat land and sloping land areas. The commitments include allocation and provision of water, on a sustainable basis, for agro-forestry systems, diversification of water resources for irrigation, improvements in water resource productivity (efficiency of use), improvements in maintenance of the irrigations systems, and the stated commitment to “maintain watersheds and mitigate environmental degradation.” In terms of the “participatory area-based planning, based on watersheds and river basins,” the planning is intended to be a decentralized “bottom-up” process, “wherein aggregated village plans form district plans and district plans form provincial plans.” The aggregation of provincial plans will then be incorporated into the National Socio-Economic Development planning process. The Government recognizes and supports this approach to planning in the agricultural sector as “the best means for improving the reach of public services and increasing livelihood alternatives in the countryside.” Environmental Action Plan 2000-2005 The Government of the Lao PDR drafted an environmental action plan that covers a broad variety of environmental issues facing the country, with Chapter 3.4 focusing specifically on 8 RGC National Water Resources Policy, Glossary and Section 4.1.2

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water resources management.9 The document provides a good overview of the current status of water resources in the country, identifies key issues that threaten these resources, and outlines actions that need to be taken within the identified five year time frame to address the issues. The document has a heavy emphasis on hydropower development and the protection of watersheds associated with hydropower projects. This policy document calls for river basin water resources management plans throughout the country, with coordination among all sectoral agencies. The river basin based plans, created and implemented at the basin or local level, should conform to uniform standards set at the central level of government in order to ensure the sustainable use of the water resources in question. The Action Plan recognizes that it would be impossible to create management plans for all river basins in the country within the five year time frame, so it calls for plans to be written for three identified priority basins. River basins without management plans will require extensive data compilation until such time as plans can be prepared. In addition to the creation of river basin water resources management plans, this policy document calls for water use and distribution plans for each river body. Ministry of Agriculture and Forestry’s Strategic Vision for Integrated Watershed Management This ministerial level policy document reflects the government’s adoption of an integrated watershed management approach as a process and planning framework for natural resources management and poverty alleviation. The watershed management plans are to be prepared at the district level and then fed into larger provincial plans. Where multiple districts fall within a single identified watershed, those districts must prepare their plans together. In order to ensure proper preparation of plans and implementation, manageable watershed units that can effectively collaborate with villages are to be created that should cover an area of no more than 1,600 square kilometers. Ministry of Agriculture and Forestry’s (MAF) provincial and district offices will work with provincial and district governments and relevant sectoral agencies in preparing the plans. This ministerial policy document summarizes the concept of integrated watershed management, presenting the objectives of such management and outlining the steps to be taken during the planning process. It is important to note that this document illustrates the important role of land use planning in effective integrated watershed management. The policy calls for the creation of integrated watershed management plans for the whole country at district and provincial levels by 2010; emphasis during the period from 2001-2005 should be placed on areas where there are hydropower projects and in the northern provinces of the country where important water resources have been recognized that are under pressure due to high levels of shifting cultivation and poverty. National Growth and Poverty Eradication Strategy The National Growth and Poverty Eradication Strategy includes a rather small section on integrated watershed management. The document recognizes that watersheds play an important role in natural resources conservation and in maintaining a healthy agricultural and forestry sector. As such, the policy states that the government is committed to integrated area-based natural resources management centered on watersheds through a decentralized planning process. Essentially, this national policy recognizes and adopts MAF’s policy on integrated watershed management. 9 Only Chapter 3.4 from the Environmental Action Plan was made available for this review.

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Forestry Strategy to the Year 2020 of the Lao PDR The Forestry Strategy to the Year 2020 (FS 2020), which has been endorsed by the government, is the official document that guides development of the forestry sector in line with overall national plans and strategies for socio-economic development and environmental conservation, including the National Growth and Poverty Eradication Strategy. The strategy includes clear directives and priority actions that are to be taken with set timelines for meeting various goals. FS 2020 also includes implementation, monitoring and evaluation mechanisms to ensure the directives and actions are met. There are several provisions that tie to watershed management issues within FS 2020. The policy identifies as a “high” priority the creation of a national land use policy, introduction of a land use planning system at the national and local levels (provincial, district and village level), and conducting a national land use zoning based on the policy and legislation by the year 2010. FS 2020 contains specific provisions on watershed protection such as the creation of an inter-sectoral coordination mechanism for effective watershed management, supporting implementation of integrated watershed management in the field, initiating schemes for rehabilitating degraded watersheds with villager’s participation, and prioritizing crucial and vital watersheds throughout the country that need to be protected and managed to secure soil and water conservation through sustainable natural resources use. All the provisions related to watershed management have been identified as high priority items that should be implemented by 2010. Ministry of Health’s National Water Supply and Environmental Health Programme This national strategy establishes the overall framework and broad guidance for all government entities involved in rural water supply and environmental health sector. This policy document, though giving guidance and direction from the national level, reinforces the government’s decentralisation policy and the need for bottom up planning with meaningful community participation. This document represents the first revision to the original strategy adopted back in 1997, and illustrates how policies should be periodically updated over time based on lessons learned. The primary focus of this policy is the planning, creation and maintenance of effective potable water and sanitation facilities for villages throughout the country. This is to be conducted through a clearly articulated 7 step process included within the policy. Though there is no mention of impacts on watersheds or linking with watershed management plans, the policy does state that the lead agency (National Center for Environmental Health and Water Supply within the Ministry of Health) must coordinate its activities with other government sector agencies. 2.3 Policy Documents in Vietnam National Five Million Ha Reforestation Program This document is a perfect example of how a policy often times links directly to legislation and helps to clarify its interpretation and implementation.10 One of the key stated objectives of this reforestation program, adopted by the Ministry of Agriculture and Rural Development (MARD), is the creation of 2 million hectares of special use and protection forests, including forests for watershed protection, through natural regeneration and the planting of trees.

10 In this instance the policy document ties to the 5 Million Hectare Reforestation Programme enacted through PM Decision 661(1998).

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This ministerial policy illustrates the governments understanding of the importance of the creation and expansion of watershed protection forests, which was originally embraced back in 1992 through PM Decision 327. Over time as lessons have been learned, the government’s policy has been adjusted and modified. The document gives a good overview of the development of the governments policy and programs since 1992, how the current program is set up, who is responsible for implementation at the national and local levels, what procedures are to be followed, what specific actions are to be taken, and how implementation is to be monitored and evaluated over time. Watershed protection forests are classified as very essential, essential and less essential within the policy. Natural regeneration is emphasized for these forests except where it is identified that planting of suitable tree species is necessary.11 Watershed protection forests over 5,000 ha are to be allocated to management boards established for those forests, while the protection forests less than 5,000 ha are to be allocated to households and individuals in the locality through village and hamlet communities for management, protection, and development with compensation received in the form of a share in the yield and other benefits from the forest.12

Forestry Development Strategy This ministerial policy document (adopted by MARD) outlines the plan for sustainable management and development of the forestry sector in Vietnam during the period from 2001 to 2010. The document gives a good overview of activities and actions that took place in the forestry sector from 1990-2000, outlines constraints and challenges in the sector, and clearly presents the development objectives for the sector to 2010. The policy states as a goal to establish 6 million ha of protection forest of highly critical and critical protection categories including 5.6 million ha of watershed protection forest. The strategy specifically states as follows:

As for watershed protection forest: during 2001 — 2010 ongoing projects will be reviewed and streamlined, at the same time more forest will be planted for river basins in Northern mountainous areas (Da, Thao, Gam, Thai Binh rivers), Northern Central (Ma, Ca, Gianh, Ben Hai, rivers), Southern Central (Cai, Con, Da Rang rivers), and Central Highland (Ba, Sesan, Dong Nai rivers).13

Of particular note is that the policy orients forestry development by different “econo-ecological zones” based on various regions and sub-regions of the country, with each identified region having specific forestry tasks identified that take into account the specific situation in that area.14 This is an example of very detailed regional planning specifying detailed interventions that take into account the actual situation on the ground and provides clear guidance to the local authorities for implementation. Comprehensive Poverty Reduction and Growth Strategy Vietnam, like Lao PDR (and Cambodia in the near future), has adopted a broad government strategy that addresses both economic development and poverty reduction within the 11 National Five Million Hectare Reforestation Program, Page 27. 12 National Five Million Hectare Reforestation Program, Page 38. 13 Forestry Development Strategy, Page 15. 14 Regions identified include the Northern Mountainous and Midland Region, Northern Lowland Region, Northern Central Region, Southern Central Coast Region, Central Highland Region, Southeast South Region, and the Mekong River Delta.

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country. The Comprehensive Poverty Reduction and Growth Strategy (CPRGS) combines existing sector policies and plans into the strategy. As part of the CPRGS, issues of natural resources management, including water resources management, are addressed. The government clearly links improvements in the sustainable management of natural resources with reductions in poverty. The policy spells out clear actions to be taken to meet specific goals, indicators to be monitored to assess progress, scheduled reporting frequencies to track the progress being monitored and listing the agencies responsible for implementation and reporting. In the area of water resources and watershed management, there are only limited references. Specific actions and goals that can be linked include the following:

• Ensure that all wastewater is treated in towns and cities by 2010; water pollution standards must be met by 2005;

• approve and implement the National Strategy for Environmental Protection 2001-2010;

• supplement, complete and develop new legal normative documents to provide concrete guidelines for implementation of the Water Resources Law, Environmental Protection Law and other legal documents;

• implement the Water Resources Law to improve the sustainable management of water resources, watershed protection forests and land resources; and,

• complete nationwide land classification. 2.4 Comments on Policy Development in the Target Countries While all three countries have policies that relate to watershed management in some way, the quality of policy development and focus differ quite a bit. There is room for improvement and refinement in the body of the policy documents for all of the target countries, though some exhibit more of a need than others. It is clear from what has been adopted that Cambodia is just beginning to address the importance of proper water resources management, with initial policies that tend to be very broadly written and do little to guide government entities’ activities. The exceptions to this statement are the provisions within the NPRS that can be linked to watershed or water resources management activities. In addition, the recognition in the National Water Resources Policy of “river basins” as planning units is very promising. Generally, it appears that the RGC has yet to fully grasp the concept of clearly defined watershed management activities within its policy development. This can surely improve as there are opportunities for continued policy development and improvement within the country, such as the need for the drafting of a comprehensive forestry policy. Cambodia exhibits the greatest need for policy development related to watershed management. Laos, in comparison, has a strong body of policies that address and embrace the concept of integrated watershed management throughout the country in a variety of sectors. Laos clearly recognizes that water is one of its greatest resources, especially in terms of the potential for hydropower development. The concept of integrated watershed management as a multi-sector planning tool and its heavy emphasis on hydropower development far exceed the prevalence of such issues appearing in the policy documents of the other two countries. Vietnam has over ten years of dealing with the concept of watershed management within the forestry sector, and the policy development within this sector is very well developed at this point in time. Outside of the forestry sector it appears that there is not much recognition

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of watersheds or watershed management issues within the various policy documents. What has been recognized in the policies of the forestry sector should be integrated and better linked to policy documents in other related sectors that deal with land use planning, agriculture, environment, water resources management, etc. While Cambodia has the most work to do in terms of developing strong policies related to watershed management, Lao PDR appears to have the most developed policy documents in this field. Vietnam has developed strong policy documents within one sector, but much more needs to be done in that country for other related sectors.

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3. Legislation All of the target countries share a similar legislative structure, where there is a hierarchy of legal documents that include a Constitution as the supreme law of the land, laws passed by a National Assembly (legislative branch of government) and rules and regulations enacted by the government (executive branch that includes a Prime Minister and various line ministries). Each of these levels of legislation, except for the Constitution, derives its validity and authority from a rule placed above it in the hierarchical structure of legislation. The hierarchy of the legislation reviewed for this analysis is presented in Annex 5. The following is an overview of the key legislative enactments that have provisions relating to watershed management in the three target countries. Comments on the target countries legislative framework, as it relates to watershed management, are presented in Section 3.4. 3.1 Legislation in Cambodia Royal Decree on Watershed Management This brief document stipulates a general basis and directive for watershed management as it relates to forested areas of the country and grants the clear authority over management of forested areas within watersheds to the Ministry of Agriculture, Forestry and Fisheries (MAFF) in cooperation with other Ministries, International Organizations and Civil Society. The Royal Decree defines a watershed as “line of high land where streams of one side flow into one river, lake or sea and streams on the other side flow into a different river, lake or sea.”15

Law on Environmental Protection and Natural Resources Management This Law sets up a broad mechanism for environmental and natural resources planning, protection and monitoring in Cambodia. The Law calls for the Ministry of Environment (MOE) to create national and regional environmental plans, which could presumably include watershed management issues. The Law also grants to MOE authority over water pollution control issues. There are no direct references to the concept of watershed management within the Law. Law on the Administration and Management of the Commune This important piece of legislation grants executive and legislative authority to semi-autonomous democratically elected commune councils at the local level of government in Cambodia. Commune councils have authority to protect the environment and natural resources within their commune boundaries. The commune councils must create commune development plans that could include watershed management issues, though there are no direct references to water resources or watershed management within the Law. Land Law The Land Law in Cambodia helps to identify the types of land that come under the direct control and ownership of the State (State Private and State Public Lands). Natural bodies of water and water courses are considered property of the State according to this legislative 15 Royal Decree on Watershed Management, Article 2.

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document. The Law does not spell out a mechanism for land use planning, nor does it directly mention water resources or watershed management in any way. Forestry Law This law sets up the regime for management of Cambodia’s forest resources. Within this law, authority over specific forested areas is outlined, with the Forestry Administration under MAFF having primary authority over State Public Forest Lands except Protected Areas under the jurisdiction of MOE and flooded forests that come under the jurisdiction of the Fisheries Administration. The Law creates a mechanism by which forest areas can be classified specifically as Watershed Protection Forest, thereby reinforcing the provisions contained in the Royal Decree on Watershed Management.16 Management plans for areas designated as Watershed Protection Forests must be prepared by the Forest Administration.17

Ministerial Organization and Functioning Sub-Decrees Every Ministry within Cambodia has a Sub-Decree that clearly spells out its organizational structure, functions and duties. In terms of watershed management, the most important of these Sub-Decrees are those for MAFF, MOE, Ministry of Industry, Mines and Energy (MIME), Ministry of Land Management, Urban Planning and Construction (MLMUPC), and the Ministry of Water Resources and Meteorology (MOWRAM). These Ministries basic functions as related to watershed management issues are as follows:18

MAFF: Jurisdiction over issues related to the agricultural field within Cambodia, including issues related to watershed management such as forestry, agricultural irrigation and fisheries management. MIME: In terms of functions linking to watershed management, MIME has authority over issues involving the generation of hydropower and sanitary water production. Within these areas, MIME appears to have overlapping jurisdiction with MOWRAM. MLMUPC: This Ministry is responsible for issues surrounding land management within the country, and is responsible for the delineation and demarcation of areas of State Public Land, such as Watershed Protection Forests. In addition, MLMUPC has the specific function of ensuring that decisions on infrastructure construction are in accordance with priorities of the governments land management policy. MOE: General jurisdiction over environmental and natural resources protection issues within Cambodia, such as pollution control, environmental education, management planning and reviewing environmental impact assessments for development projects. MOE also has management authority over the Protected Areas system in Cambodia.19

MOWRAM: The most important ministry in Cambodia in terms of water resources and watershed management. Within this ministry is the Department of Water Resources Management that has direct authority over hydropower production, watershed management areas and technical review and monitoring of all water resource construction activities in

16 See Article 10 of the Forestry Law 17 See Article 23 of the Forestry Law 18 See Annex 1 for details 19 Protected Areas under MOE jurisdiction should not be confused with Protection Forests, including Watershed Protection Forests, that are under the jurisdiction of the Forestry Administration within MAFF.

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Cambodia. The Department of Hydrology and River Works is responsible for evaluating and monitoring water resources and preparing plans for watershed protection. This ministry will be responsible for implementing a Water Resources Law and subsidiary rules and regulations once they are enacted in Cambodia. Sub-Decree on Water Pollution Control This Sub-Decree regulates water pollution control in Cambodia, requiring dischargers to apply for permits and meeting effluent standards prior to discharge. MOE is responsible for enforcing the provisions in this regulation that is mandated by the Law on Environmental Protection and Natural Resources Management. The Sub-Decree primarily focuses on the control of point source discharges of pollution into receiving streams. Though there are detailed effluent standards included within this document, it is interesting to note that, unlike the other target countries, Cambodia has not created a standardized fee system for discharges of wastewater. 3.2 Legislation in the Lao PDR Forestry Law Though the Forestry Law in Laos covers activities related to the entire forestry sector, one of its stated purposes is to ensure the protection of water resources in the country. The Law calls for short, medium and long term plans to be developed, which could include issues relating to watershed management. Similar to both Cambodia and Vietnam, the Forestry Law in the Lao PDR permits the classification of forest areas into Protection Forests for the purpose of protecting water resources and preventing soil erosion.20 Most activities within Protection Forests are strictly prohibited, including activities that would normally fall under the definition of traditional use rights. The Forestry Law grants primary responsibility over forest resources management to the Ministry of Agriculture and Forestry (MAF). The Law also outlines the roles and responsibilities, including those related to water resources management, of the Provincial Agriculture and Forestry Division, the District Agriculture and Forestry Office, and village administrative authorities.21

Water Resources Law This Law outlines the mechanisms by which the Lao PDR’s water resources are to be effectively managed, developed and conserved. The term “water resources” is expansively defined and includes underground water resources. Many of the provisions within this piece of legislation are very broad, with detail for implementation to be provided by subsidiary rules and regulations such as the PM Decree that implements the Law. The Water Resources Law creates a classification system for both water resource types and catchments that feed directly into national planning programs such as the National Socio-Economic and Environmental Development Plan; it should be noted that catchments are recognized as units for planning purposes. In addition to the classification systems, the Law describes water use and development as small, medium or large and dictates what

20 See Articles 16 & 17 of the Forestry Law. 21 See Articles 59-63 of the Forestry Law.

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levels of government must approve these uses or development projects (provincial authorities, national government and national assembly respectively).22 Unfortunately, this Law does not outline roles and responsibilities of the government entities that are responsible for water resources management in the country, other than to state that MAF is responsible for water source and water catchment surveying and listing.23 The PM Decree implementing this Law outlines the responsibilities of the various government agencies in this field (see below). Land Law The Land Law determines the rules relating to the management, protection and use of land within the Lao PDR and presents a balanced approach between economic development and environmental protection. The Law divides all lands in the country into three regions (plains, plateau and mountain) and further sub-divides these into three sub-regions (urban, rural and specific economic). In addition, as part of the nationwide process of land classification and planning called for in the Law, land should be classified into a specific category (agricultural land, forest land, construction land, industrial land, communication land, cultural land, land for national defense or water-area land).24

MAF is charged with managing agricultural land (including irrigation works), forest land and water area lands (land submerged or surrounding water sources). The Ministry of Communication, Transport, Post and Construction (MCTPC) is charged with managing communication land (includes water canals, lands associated with bridge construction and harbors). Law on Environmental Protection This Law specifies the general rules and measures for managing, monitoring, restoring and protecting the environment within the Lao PDR. The Law addresses issues of pollution control, including water pollution control, but does not spell out specific standards. There is no direct language in this legislation related to watershed management. The Science, Technology and Environment Agency (STEA) is charged with the general oversight and regulatory authority over activities that impact on the environment, including the monitoring and evaluation of the activities of other government entities.25 As with most laws passed by National Assemblies in the three target countries, this piece of legislation is very broadly worded with details for implementation to be contained in subsidiary regulations. PM Decree 102 Implementing the Law on Environmental Protection This piece of legislation provides some of the detail called for in the Law on Environmental Protection, but is largely just a restatement of the provisions that were already enacted in the Law. The Decree strengthens the authority of STEA by stating that it is responsible for outlining the necessary guiding regulations on environmental protection for all concerned Ministries and provincial authorities and also mandates that it shall issue regulations on

22 See Articles 9, 10, 15, 16 and 17 of the Water Resources Law. See also Article 27. 23 See Article 8 of the Water Resources Law. 24 See Article 11 of the Land Law. 25 See Article 36 of the Law on Environmental Protection.

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water quality standards.26 The Ministry of Industry and Handicraft (MIH) is charged with issuing regulations for the control of pollution (including water pollution) from industrial sources, while MAF is responsible for issuing regulations on the prevention and control of soil and water pollution that may occur from agricultural production (non-point sources of water pollution).27

PM Decree 204 Implementing the Water Resources Law This Decree, like PM Decree 102 described above, largely restates many of the provisions within the Law that it is supposed to implement. It does, however, list the roles and responsibilities of the various government agencies that are involved with water resources management in the country. Of special note, this Decree calls for the drafting of River Basin Plans (RBPs) and Water Resources Management Plans (WRMPs) that are to be in harmony with the National Socio-Economic Plan, National Land and Forest Use Management plans.28

This Decree outlines the responsibilities of the various government entities involved in water resources management as follows:29

MAF: Responsible for management, exploitation, development and use of water resources in the agricultural field, collecting meteorological and hydrological data, preparing inventory of water resources and river basins (catchments), determining protected and reserved areas for water conservation purposes, and preventing soil erosion related to agricultural activities. MCTPC: Responsible for management, exploitation, development and use of water resources in the fields of communication, transportation, town water supply, urban drainage, protection of river banks, the prevention and control of flooding and collection of hydrological data for navigation. MIH: Responsible for management, exploitation, development and use of water resources in the field of electricity, industry, mining, including regulating water pollution discharges from activities in these fields. Ministry of Public Health (MPH): Responsible for management, exploitation, development and use of water resources for rural domestic consumption and health care. Ministry of Trade and Tourism (MTT): Responsible for the management, exploitation, development and use of water resources in the field of tourism. STEA: Responsible for coordinating between different line agencies in establishing rules and regulations pertaining to the management of the environment, conducting research and development related to water resources technologies and science, and is also responsible for the overall management and control of wastewater. Lao National Mekong Committee (LNMC): Responsible for coordinating different line agencies to conduct studies, implement policies, strategic plans and programs that are included in the development plan of the Mekong River Commission, coordinating with line agencies and local authorities in planning processes that involve water resources, including

26 See Articles 4 and 14 of PM Decree 102. 27 See Article 15 of PM Decree 102. 28 See Article 9 of PM Decree 204. 29 See Articles 3, 5, 6, 9, 21-23, 27 and 30 of PM Decree 204.

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the preparation of RBPs and WRMPs, and resolving disputes related to international water resources in conjunction with the Ministry of Foreign Affairs. Water Resources Coordinating Committee (WRCC): Responsible for coordinating line agencies in drafting of policies, strategies and action plans for the management and use of water resources (including RBPs and WRMPs). The WRCC is also responsible for monitoring, control, promotion and reporting on the implementation of activities related to water resources. PM Decree 67 Creating the National Land Management Agency This Decree establishes and also spells out the roles and responsibilities of the National Land Management Agency (NLMA). The NLMA, located within the Prime Minister’s office, is responsible for the drafting of policies, strategic plans and legislation in relation to land management and development in the country.30 The NLMA is essentially responsible for taking the lead role in land classification and land use planning activities mandated by the Land Law in coordination with other government entities from the local to the central level. 3.3 Legislation in Vietnam Law on Forestry This Law creates the management structure for the forestry sector in Vietnam. As with the other target countries, this document provides for the classification of forest areas as Watershed Protection Forests, and mandates that these areas shall have management boards that are responsible for preparing and implementing management plans. The Law speaks of a Ministry of Forestry, but this entity has subsequently been replaced by the Ministry of Agriculture and Rural Development (MARD). The current Forestry Law will be replaced sometime in the near future in order to reflect the current regulatory and policy situation in Vietnam. Law on Environmental Protection This very generally worded piece of legislation relates to the protection of the environment and prohibitions against activities that could harm the environment. The Law does recognize the importance of forest cover to protect watersheds and states that organizations and individuals must protect water sources, water supply and drainage systems.31 Law on Water Resources As with the other Laws enacted by the National Assembly in Vietnam, the language in this document is generalized and does not give clear guidance on activities, standards or responsibilities of various government entities in the management, use, development and protection of water resources in the country. The Law on Water Resources does establish a river basin zoning mechanism, but it does not explain how this is to be implemented or what standards are to be used.32 In addition, the Law generally states that People’s

30 See Article 2 of PM Decree 67. 31 See Articles 12 and 15 of the Law on Environmental Protection. 32 See Article 5 of the Law on Water Resources.

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Committees are responsible for defining sanitary protection zones around water resources and also creating plans for waste water control.33 The Law sets up a permitting system for use of water resources and for waste water discharges. The Law charges MARD with responsibility as the lead agency for directing state management of water resources, directing the surveying of water resources nationwide and conducting river basin planning.34 This legislation provides that a National Water Resource Council (NWRC) will be established to advise the Government on important decisions related to water resources management.35 The Law also speaks of a “Specialized Inspector on Water Resources” that has the primary oversight role over all water resource management activities in the country, but it is unclear from the language if this is an entity located within MARD or not. 36

Law on Land The Law on Land prescribes the regime of land management and use in Vietnam. The Law sets up a detailed land categorization system that is to be used for land use planning purposes nationwide, and reiterates the classification of forest land areas for the purpose of watershed protection found in the Forestry Law.37 The Ministry of Natural Resources and Environment (MNRE) is designated as the lead ministry responsible for land management and planning in the country.38

Ordinance #26 on Dykes This piece of legislation contains general provisions on the construction, repair, protection, use and maintenance of dykes, which are classified into five grades based on their socio-economic importance and level of importance for protection from flooding. MARD is designated as the primary entity responsible for the management of dykes in Vietnam, with the Department of Protection of Floods, Storms and Dyke Protection within that ministry specifically responsible for implementation of this ordinance.39

Ordinance # 32 on the Exploitation and Protection of Irrigation Works This Ordinance, despite its title, actually covers the management, development and protection of all water works, including reservoirs, dams, sluices, pumping stations, wells, penstocks, canals and embankments of all types; issues surrounding the discharge of wastewater into irrigation works is also covered. This piece of legislation sets up a system whereby those that directly benefit from the irrigation works or that discharge wastewater into them must pay user or discharge fees that are collected by the Peoples Committees.40 MARD is designated as the lead ministry with responsibility over the exploitation and protection of irrigation works, including overseeing the preparation of management plans for them.41

33 See Articles 14 and 17 of the Law on Water Resources. 34 See Articles 58 and 60 of the Law on Water Resources. 35 See Article 63 of the Law on Water Resources. 36 See Chapter VIII of the Law on Water Resources. 37 See Articles 13 and 76 of the Law on Land. 38 See Article 7 of the Law on Land. 39 See Article 27 of Ordinance 67. 40 See Article 7 of Ordinance 37. 41 See Articles 21 and 30 of Ordinance 37.

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PM Decision 661 Establishing 5 Million Ha New Forest This PM Decision was enacted with the goal of establishing five million hectares of new forest together with protecting existing forests in order to increase the overall forest cover in Vietnam to 43%, protecting the environment, decreasing the severity of natural disasters, increasing water availability, etc. Along with the government policy that goes with it, this Decision recognizes the importance of forests for watershed protection and calls for the establishment of new protection forests for this purpose. Watershed Protection Forests are classified as very essential, essential and non-essential; very essential and essential areas will be administered by Management Boards at the local level.42

See Also: PM Decision 08 on Management of Protection, Special-Use and Production Forest and Government Decree 163 on Allocation and Lease of Forest Lands included in Annex 3. PM Decision 67 Establishing NWRC & PM Decision 99 on Organization and Operation of NWRC These two Decisions establish and outline the organization and functions of the NWRC. The NWRC is essentially a multi-ministerial advisory board that covers policy, legislation, international relations, river basin planning, multi ministerial coordination, etc. in the area of water resources management. The NWRC is housed within MARD, with that ministry’s Department of Water Resources Management and Water Conservancy Projects acting as the NWRC’s secretariat.43

Government Decree 73 on Roles, Duties and Functions of MARD This Decree outlines the roles, duties and functions of MARD in important areas such as agriculture, forestry and water resources management. The old Ministry of Forestry was incorporated into MARD. Except for the nationwide land use planning responsibilities under the Land Law, which fall under the responsibility of MNRE, most major activities related to watershed management fall within this one ministry. The primary departments within this ministry that have responsibility over watershed management issues include the Forest Protection Department, Department of Agriculture and Forestry Extension, Department of Water Resources Management and Conservation, Department of Protection of Floods, Storms and Dike Management, Planning Department, Department of Science, Technology and Production Quality, the Department of Agriculture and Rural Development Policy and the International Cooperation Department.44 Note: See also MARD Decision 93 on Functions, Responsibilities and Organization of Department of Irrigation. Government Decree 179 Implementing the Law on Water Resources This Decree includes restatements of the Law on Water Resources and some details for its implementation. There is an emphasis within this Decree on permitting issues and the roles and responsibilities of MARD. It should be noted that detailed penalty provisions for violations of the Law or this Decree will be issued in subordinate legislation. Though this

42 See Article 5 of PM Decision 661. 43 See Articles 11 and 12 of PM Decision 99. 44 See Article 3 of Government Decree 73.

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legislative document reiterates MARD’s responsibility for river basin zoning, it does not provide any standards for the zoning or the types of zones that will exist.45

MARD Decisions 37, 38 and 39 Establishing River Basin Planning Commissions These MARD Decisions establish River Basin Planning Commissions in compliance with the Water Resources Law for the management of the Mekong, Red-Thai Binh and Dong Nai river systems. This is an important piece of subsidiary legislation that illustrates implementation of the concept of river basin based management outlined in the Law. 3.4 Comments on the Legislative Framework in the Target Countries All three countries have taken at least some steps to incorporate concepts of watershed management into their legislative framework. The necessary government entities have largely been put into place with roles and functions outlined, all three countries have established at least the basic mechanisms for creating Protection Forests for the purpose of watershed management, and it also appears that all three countries are lacking meaningful provisions relating to watershed management in the agricultural sector. Though similarities are apparent, there are important differences between the three countries. Cambodia has the least developed legislative framework of the three countries. What is most noticeable is the fact that Cambodia has yet to enact a law on water resources management. In addition, there is not yet in place any mechanisms for nationwide land use planning that could tie into concepts of watershed management. Subsidiary legislation under the Forestry Law relating to watershed protection forests, or even the process for designating, delineating and demarcating forest areas has yet to be put into place. The Lao PDR has a well developed basic legislative framework that embraces concepts of watershed management, including important provisions relating to River Basin Plans and Water Resource Management Plans. It also possesses strong provisions related to land categorizations and classifications for the purposes of developing nationwide land use plans that can tie into programs for watershed management. There appears to be a heavy emphasis on issues surrounding the development of hydropower projects, which makes sense considering this countries topography and abundantly available water resources. What seems to be lacking in Laos is the subsidiary legislation that will provide the operational detail necessary for proper implementation. Vietnam’s legislative framework is also well developed, especially in the forestry sector where programs related to the creation and management of watershed protection forests are already being implemented. Provisions in the legislative framework relating to river basin zoning are not well defined, but three River Basin Planning Commissions have been established by MARD, which is an important step in the right direction of effective implementation. In addition, Vietnam’s new Land Law spells out clear land use categories that can be utilized for watershed management planning purposes, though the subsidiary legislation for implementation of this Law has yet to be enacted. 45 See Article 17 of Government Decree 179.

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4. Key Government Actors The following is a listing of the key government entities with responsibility in the area of watershed management within the three target countries. Potential overlaps or conflicts in authority are identified in Section 4.4 below. 4.1 Cambodia Government Entity Responsibility in the Area of Watershed Management Ministry of Agriculture, Forestry and Fisheries:

Responsible for administering and managing forest resources within watersheds. Agencies within MAFF include the Forestry Administration, which has primary authority over forest lands management, including watershed protection forests, and the Fisheries Administration, which has responsibility over flooded forests.

Ministry of Environment Responsible for environmental protection issues within Cambodia, including water pollution control, reviewing Environmental Impact Assessments, and creating national and regional environmental plans. MOE is also responsible for managing the countries Protected Area System (does not include Protection Forest Areas under the management authority of the Forestry Administration within MAFF).

Ministry of Industry, Mines and Energy

Responsible for issues involving the generation of hydropower and sanitary water production/distribution.

Ministry of Land Management, Urbanization and Construction

Responsible for delineating and demarcating state land, such as the delineation and demarcation of Watershed Protection Forests or Protected Areas.

Ministry of Water Resources and Meteorology

General Responsibility to manage water resources within the country. The Department of Water Resources Management within MOWRAM has primary authority over hydropower production projects and watershed management.

Commune Councils Locally elected authorities with executive and legislative authority. Responsible for creating Commune Development Plans which could take into account natural resources management issues, including watershed management issues.

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4.2 Lao PDR Government Entity Responsibility in the Area of Watershed Management Ministry of Agriculture and Forestry

Primary responsibility over management of forest, agricultural and water lands (submerged and lands surrounding water). MAF is responsible for water source and water catchment surveying and listing.

Ministry of Communication, Transportation, Post and Construction

Responsible for managing communication land (includes water canals, lands associated with bridge construction and harbors). MCTPC also responsible for management, exploitation, development and use of water resources in the fields of communication, transportation, town water supply, urban drainage, protection of river banks, the prevention and control of flooding and collection of hydrological data for navigation.

Ministry of Industry and Handicraft

Responsible for issuing regulations for the control of pollution (including water pollution) from industrial sources.

Ministry of Public Health Responsible for management, exploitation, development and use of water resources for rural domestic consumption and health care.

National Land Management Agency

Responsible for the drafting of policies, strategic plans and legislation in relation to land management and development in the country. The NLMA is essentially responsible for taking the lead role in land classification and land use planning activities mandated by the Land Law in coordination with other government entities from the local to the central level.

Science Technology and Environment Agency

Responsible for the general oversight and regulatory authority over activities that impact on the environment, including the monitoring and evaluation of the activities of other government entities. STEA is also responsible for conducting research and development related to water resources technologies and science, and is also responsible for the overall management and control of wastewater.

Water Resources Coordinating Committee

Responsible for coordinating line agencies in drafting of policies, strategies and action plans for the management and use of water resources (including RBPs and WRMPs). The WRCC is also responsible for monitoring, control, promotion and reporting on the implementation of activities related to water resources.

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4.3 Vietnam Government Entity Responsibility in the Area of Watershed Management Ministry of Agriculture and Rural Development

Responsible for management of forests and forest lands (including watershed protection forests), dykes and irrigation facilities (broadly defined). Responsibility as the lead agency for directing state management of water resources, directing the surveying of water resources nationwide, river basin zoning and conducting river basin planning. Includes River Basin Planning Commissions and the Department of Water Resources Management and Water Conservancy Projects.

Ministry of Natural Resources and Environment

Designated as the lead ministry responsible for land management and planning in the country.

National Water Resources Council

Multi-ministerial advisory board that covers policy, legislation, international relations, river basin planning, multi ministerial coordination, etc. in the area of water resources management. The NWRC is housed within MARD, with that ministry’s Department of Water Resources Management and Water Conservancy Projects acting as the NWRC’s secretariat.

4.4 Overlaps or Conflicts There are some apparent overlapping or conflicting mandates of various government entities with responsibilities in the area of watershed management that can be identified. An in depth analysis of these has not been conducted as part of this report. Cambodia: The most obvious overlapping mandate exists between MOWRAM and MIME in the field of hydropower development, and to a lesser extent sanitary water supply. There is also a potential for conflict between MAFF and MLMUPC in the delineation and demarcation of forest areas.46

Lao PDR: It appears that STEA’s mandate may overlap with other agencies, especially in the area of water pollution control. In addition, the NLMA might have some overlap with MAF in the realms of land use planning. Vietnam: There might be some emerging overlap between MARD and the relatively new MNRE. The greatest chance for there being overlap would be between agencies within MARD itself.

46 Recently, an additional study about legislation on watershed management was conducted in Cambodia (WSMC Working Paper 6, in progress). The study analyzed different legal documents related to the topic - both enacted and drafted. As the draft documents were not included within the comparative analysis of policy and legislation, the former study (WP 6) may provide an additional insight and outlook of future developments in the sector.

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5. Conclusion Progress in developing effective legislative and policy frameworks in the three target countries is being made. All three countries have embraced the concept of watershed management as an important natural resources management tool to varying degrees, and there are existing governance structures in place within which such concepts can be further developed. Cambodia is the least developed of the three countries in both its policy and legislative frameworks. Key pieces of legislation, such as a law on water resources management, need to be put into place. There is also a need for subsidiary legislation to be drafted in order to effectuate implementation of existing laws. In addition, stronger policy documents need to be drafted that give clear guidance on the drafting and implementation of this country’s laws, rules and regulations in relation to watershed management. In terms of policy development, the Lao PDR has the strongest and best written body of policies relating to watershed management. Unfortunately this is not necessarily reflected in the existing legislative framework. As opposed to policy development in this country, what is needed is the development of missing subsidiary legislation that can ensure that the adopted policies statements related to watershed management are properly implemented. Vietnam’s legislative and policy framework relating to watershed management in the forestry sector is very well developed and can act as a model for the other two target countries. The legislation and policy relating to the Government’s program to establish five million hectares of new forest is a perfect example of how legislation and policy should link together effectively. Vietnam now needs to focus on the development of implementing legislation and policy documents relating to watershed management for other sectors in the country. Implementing legislation for the Land Law and Water Resources Law is needed, and clearly written policy documents should be drafted and adopted to compliment these. In addition, there appears to be a need to link non-forestry agriculture activities with concepts of watershed management.

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Annex 1 Rules and Regulations Relevant to Watershed Management in Cambodia

Robert B. Oberndorf, J.D.

9/2004

Document Date Issuing Body Constitution As

Amended 4/3/1999

Constitutional Council

Royal Decree on Watershed Management 11/1/1999 King Law on Environmental Protection and Natural Resource Management

18/11/1996 National Assembly

Commune Administration Law 19/3/2001 National Assembly Land Law 30/8/2001 National Assembly Forestry Law 30/7/2002 National Assembly Sub-Decree on the Organization and Functioning of the Ministry of Environment

25/9/1997 Council of Ministers

Sub-Decree on Water Pollution Control 6/4/1999 Council of Ministers Sub-Decree on the Organization and Functioning of the Ministry of Industry, Mines and Energy


Sub-Decree on Organizing and Functioning of the Ministry of Water Resources and Meteorology


Sub-Decree on Organization and Functioning of the Ministry of Land Management, Urbanization and Construction


Sub-Decree on Environmental Impact Assessment 11/8/1999 Council of Ministers Sub-Decree on the Organization and Functioning of the Ministry of Agriculture, Forestry and Fisheries


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Rules and Regulations Relevant to Watershed Management in Cambodia

Robert B. Oberndorf, J.D. 9/2004

Document Text Relevance Constitution

Article 58 State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property. The control, use and management of State properties shall be determined by law.

Constitutional definition of State land and basis for the Land Law and related legislation.

Article 59 The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management…

The environment and natural resources are to be protected through the use of management plans. The Forest Administration must develop a management plan for watershed protection forests in coordination with other concerned ministries and communities.

Article 118 The Council of Ministers is the Royal Government of Cambodia.

The Council of Ministers, Ministries, and line agencies there-under make up the RGC.

Article 145 The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities. Provinces shall be divided into districts (srok) and districts into communes (khum). Municipalities shall be divided into Khan and Khan into Sangkat.

Administrative structure of Cambodia. Illustrates how the commune, district and provinces fit into the administrative structure of the country.

Royal Decree on Watershed Management Article 1

To define and manage all the watershed areas in the Kingdom of Cambodia.

The general purpose of the Royal Decree. The Decree was drafted by the Ministry of Agriculture, Forestry and Fisheries and focuses on watershed management as it relates to forestry activities.

Article 3 Define and manage forest within the watershed with the aim to:

a. Protect from soil erosion. b. Reduce run off within the

Watershed. c. Stabilize recharge areas. d. Soil fertility protection. e. Protect water resource and water

quality in perfect manner.

The proper management of forest resources within a watershed is done with the aim of meeting a variety of important protection goals.

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f. Preserve bio-diversity. g. Environmental equilibrium.

Article 4 The forest areas within the watershed,

which are going to be managed and developed, are defined by sub-decree.

It is not clear what this provision means. It is assumed that protection forest areas, including those with the primary purpose of watershed management and protection, are defined and created by sub-decree.

Article 5 Forest areas within the watershed should be increased according to the science information and certain situation in the future.

General directive to increase forest cover within watersheds in order to meet management objectives.

Article 6 All kinds of forest and non-forest exploitation within watershed shall be approved by sub-decree.

The sub-decree that creates a protection forest for watershed protection purposes will outline the types of activities that are allowed within those forests.

Article 7 The Ministry of Agriculture, Forestry and Fisheries takes responsibility for administering and managing forest resources within watersheds defined in this sub-decree…and has the right to cooperate with other ministries, international organizations and NGOs with respect to forest policy and technique.

MAFF is the ministry with responsibility for administering and managing forest resources within watersheds.

Law on Environmental Protection and Natural Resource Management Article 1

This law has the objective: -To protect and upgrade the quality of the environment and public health by means of prevention, reduction and control of pollution. -To assess the environmental impacts of all proposed projects prior to the issuance of decisions by the RGC. -To ensure the rational and sustainable preservation, development, management and use of the natural resources of the Kingdom of Cambodia… -To suppress any acts which may affect the environment.

General objectives of the law.

Article 2 National and Regional Environmental Plans shall be decided by the RGC and MOE in collaboration with concerned ministries.

MOE must create national and regional environmental plans. Watershed management issues could be incorporated into the plans.

Article 6 An environmental impact assessment shall be carried out on every project and activity, either private or public, and it shall be examined and evaluated by the Ministry of Environment before it is submitted to the RGC for decision. This assessment shall also be applicable for those existing activities and those which are in the process of being implemented that have not yet had their

Environmental impact assessments shall be carried out and then reviewed by the Ministry of Environment (MOE) for both proposed and currently existing projects that have yet to be assessed. The project activities carried out within watersheds may need to have an environmental impact assessment, which should then be reviewed by MOE. Impacts on the watershed should be taken into account

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environmental impacts assessed…

Article 10 Before issuing a decision or undertaking activities related to the preservation, development or management of natural resources, the concerned ministries shall consult with MOE on the sustainability of the natural resources.

Ministries that are making decisions related to the management or development that could impact on watersheds should consult with MOE.

Article 13 The prevention, reduction and control…of water pollution…shall be determined by Sub-Decree

MOE has authority over water pollution control and was directed to enact a Sub-Decree on this issue.

Law on the Administration and Management of Commune Article 9

The Commune Council is a body representing the citizens in its commune (khum/sangkat) and has a mission to serve the general interests of its commune (khum/sangkat).

The Commune Councils shall serve the general interests of its commune members, which inherently includes issues revolving around land use and natural resources/environmental management planning, which could include watershed issues.

Article 31 A village chief (Méphum) has duties as follows: …to ensure…economic and social development in the village…to provide recommendations to the Commune Council on matters relating to the interests of its village… to request for recommendations from the Commune Council, or Commune Chief for management and coordination of affairs within its village.

Village chiefs have a role to play in the sustainable economic and social development in the village, which would include land use/NREM planning, and can act as an active conduit of information between the Village and the Commune Council. The village chief could inform local residents of issues related to watershed management.

Article 43 Regarding the role of local affairs, the commune administration has duties to: …encourage the creation of contentment and welfare of the citizens; promote economic and social development, and upgrade the living standard of the citizens; protect and conserve the environment, natural resources, cultural and the national patrimony…

The commune administration has a clear role/duty within the realms of sustainable socioeconomic development, land use planning and NREM, which would include issues related to watershed management.

Article 45 The commune administration has no authority over…forests…

Though it appears that this article contradicts in some ways article 43 above, it merely means that the commune administration has no decision-making authority over issues related to the permanent forest reserve that is controlled by the Forest Administration. Protection forests, such as watershed protection forests, are part of the permanent forest reserve.

Article 48 The commune (khum/sangkat) has legislative and executive powers. The legislative power of the commune (khum/sangkat) shall be exercised through orders of the commune for

The commune may pass local rules and regulations. This authority will be an important tool in land use planning/NREM activities. The commune may enact orders related to commune members’ activities within watershed areas.

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managing the affairs within the frameworks of its roles, functions and powers.

It should be noted that orders issued by a commune must not be in conflict with other existing rules and regulations (see Article 49).

Article 60 The Commune Council must prepare, approve and implement a commune development plan in the purpose of determining the perspectives (outlooks), programs and developments of its commune (khum/sangkat).

Commune Councils must carry out a commune development plan. The commune development plans are the primary tool for decentralized socioeconomic development, land use planning and NREM. Those communes whose territorial boundaries include important watersheds could take the management, development and protection activities within the watershed into account when developing their commune development plans.

Land Law Article 1

This law has the objective to determine the regime of ownership for immovable properties in the Kingdom of Cambodia for the purposes of guaranteeing the rights of ownership and other rights related to immovable property, according to provisions of the 1993 Constitution of the Kingdom of Cambodia.

General purpose of the new Land Law. There is no direct language within the Law related to watershed management or land use planning issues.

CHAPTER 2 Public Ownership (Articles 12-19)

Chapter 2 outlines the general rules and definitions related to State public and State private property. Forest areas under administration of MAFF and Protected Areas under administration of MOE are considered to be State Public Property.

Article 15 The following property falls within the public property of the State and public legal entities: -Any property that has a natural origin, such as forests, courses of navigable or floatable water, natural lakes, banks of navigable and floatable rivers and seashores… -Any property that is made available, either in its natural state or after development, for public use, such as…reserved land… -Any property that constitutes a natural reserve protected by law…

See above.

Forestry Law Article 1

This Law defines the framework for management, harvesting, use, development and conservation of the forests in the Kingdom of Cambodia. The principal objective of this Law is to ensure the sustainable management of these forests for their social, economic and environmental benefits, including conservation of biological diversity and cultural heritage.

The law sets up the regime for management of Cambodia’s Forest Resources.

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Article 2 This Law has application to all forests, whether natural or planted, unless otherwise stated herein…

Areas covered by the Forestry Law

Article 3 …Unless otherwise stated in this Law, forest management is under the general jurisdiction of the Ministry of Agriculture, Forestry, and Fisheries ("MAFF")…

MAFF, and the Forest Administration there-under, has primary jurisdiction over forestry management.

Article 4 …Consistent with the Environmental Protection and Natural Resources Law, an Environmental and Social Impact Assessment ("ESIA") shall be prepared for any major forest ecosystem related activity or decision that may cause significant adverse social and environmental impact. A copy of the ESIA shall be made available for public comment…

Certain activities impacting on forest resources require the preparation of an Environmental and Social Impact Assessment under the Forestry Law. These assessments should take into account watershed impacts.

Article 6 Under the authority of MAFF, the Forest Administration is the government institution for implementing the management of forest and forest resources…

The Forest Administration is responsible for the forest resources within Cambodia.

Article 7 The Forest Administration shall perform the following duties… -Assist in the assessment of boundaries, classification and demarcation of forestland in order to develop a land use map of the Permanent Forest Estate in coordination with the Ministry of Land Management and Urban Planning, local authorities and communities… -Promote reforestation on degraded forest and idle land… -Develop and implement research, protection and conservation programs for forest resources… -Take appropriate measures to investigate, prevent and suppress forest destruction, forest fires and clearing to ensure effective enforcement of this Law. -Promote public education programs that demonstrate the importance to manage, maintain and protect forest resources, as well as to take action to rehabilitate natural ecosystems and conserve national forest… -Ensure the timely and complete assessment of all forest related activities that may have a significant adverse social and environmental impact prior to approval of such activities.

This article contains duties of the Forest Administration that apply directly to management of forest resources within watersheds, including coordination with the MLMUPC on demarcation activities.

Article 10 A. The Permanent Forest Estate consists of the following categories: 1. Permanent Forest Reserve; and 2. Private Forest

Areas of the Permanent Forest Reserve may be classified as Watershed Protection Forests.

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B. The Permanent Forest Reserve consists of three sub-categories…(Production, Protection and Conversion) Protection Forest shall be maintained primarily for protection of the forest ecosystem and natural resources therein. Protection Forest may consist of the following: a. Special forest ecosystems b. Research forest c. Forest for regulating water sources d. Watershed protection e. Recreation forest f. Botanical gardens; and g. Religious forest. Local communities have customary user rights to collect timber products and NTFPs within the Protection Forest with minor impact of the forest.

The National Forest Sector Policy states as follows: “…the government will endeavor to accomplish the following tasks…to promote conservation and protection strategies such as protected forests, watershed management…with a maximum participation of the local population…” Watershed management related to forest resources clearly falls under the jurisdiction of the Forest Administration.

Article 22 MAFF may propose the RGC to designate as Protection Forest any part of the Permanent Forest Reserve, which may qualify as a special ecosystem area, an area of scientific, cultural, or tourism value or an area for biodiversity soil and watershed conservation.

This provision helps to clarify that protection forest can be designated for watershed protection purposes.

Article 23 The Forest Administration shall prepare a management plan, to be approved by MAFF, for the Protection Forest within the Permanent Forest Reserve. It shall be the duty of all levels of the Forest Administration to implement management and enforcement for the Protection Forests within the Permanent Forest Reserve.

The Forest Administration must prepare and implement management plans for watershed protection forests. This should be done in coordination with other relevant ministries such as the Ministry of Water Resources and Meteorology (MOWRAM).

Sub-Decree on the Organization and Functioning of the Ministry of Environment Article 2

The Ministry of Environment (MOE) shall be authorized by the RGC to lead and manage the environmental fields of the Kingdom of Cambodia.

The Ministry of Environment has jurisdiction over environmental protection issues within Cambodia, such as pollution control and review of environmental impact assessments for development projects.

Article 3 The MOE shall have the following duties and obligations… -to institute Environmental Impact Assessments of all proposed and ongoing projects and activities, both public and private, and prepare proposals on processing procedures as well as to review the EIA process; -to advise relevant ministries on the

MOE has jurisdiction within watersheds over issues related to instituting and reviewing Environmental Impact Assessments (EIA) for any development projects, working with and advising other line ministries that have jurisdiction within the watershed on environmental issues, conducting environmental awareness programs related to the area and the resource in question, and

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conservation, development, and management of natural resources including land, water, air, geology, ecology, mines, energy, oil and gas, stones and sand, gems, timber and non-timber forest products, wildlife, fisheries, and fishery resources with sustainability… -to prepare inventories which describe the source, nature, and amount of pollutants such as liquid and solid waste, pollution, hazardous elements…and take measures to prevent, reduce, and control the environmental pollution in collaboration with concerned ministries… -to prepare and conduct environmental education programs at all levels, including local communities, in collaboration with concerned ministries, and national and international organizations…

prevention/reduction/control of pollution within the watershed.

Article 5 …The Technical General Department shall consist of 6 departments as follows: -Planning and Legal Affairs… -Environmental Pollution Control… -Environmental Education, Information and Promotion Department; -Environmental Impact Assessment Monitoring Department.

For purposes of managing watersheds, interactions with the listed departments within the Technical General Department would make sense.

Article 6 The Planning and Legal Affairs Department shall have duties to collaborate with the competent department in order to… -advise on legal aspects to the Ministry’s leadership and competent departments on implementation of its authority… -prepare…work plans… -coordinate all activities and bilateral and multilateral aid projects donated to the Ministry…

Duties that illustrate this department’s role within watersheds.

Article 8 The Environmental Pollution Control Department shall have duties to collaborate with the competent department in order to… -prepare inventories which describe sources, nature, amounts of solid and liquid waste… -prepare procedures for pollution sources inspection and prepare reports on offenses to the competent establishments;-conduct inspections of pollution sources and prepare reports on offenses to the competent establishments in collaboration with concerned ministries; -impose fines and other provisions as stated in Ch. 9 of the Law on Environmental Protection and Natural Resources Management.

This Department has the authority within watershed to take the lead in investigating and inventorying pollution sources within a watershed, prepare reports on the pollution sources in collaboration with other concerned ministries such as MAFF and MOWRAM, and impose fines for pollution violations.

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Article 10 The Environmental Education, Information and Promotion Department shall have duties to collaborate with the competent departments and concerned institutions in order to; -prepare and conduct environmental educational programs at all levels; -compile and announce information on environmental issues, situations and activities …through mass media and publishing, etc.; -promote activities toward encouraging the public to participate in environmental quality protection and natural resources conservation; -initiate and organize environmental workshops within MOE or with other ministries and concerned institutions; …

This department could play an important role in carrying out workshops and informational campaigns, in cooperation with other concerned ministries and departments, on the management and protection of watersheds in Cambodia.

Article 10 The EIA department shall have the duties to collaborate with the competent departments and concerned institutions in order to: -review environmental impact assessments of all proposed and on-going projects and activities… -monitor project implementation toward reduction of negative environmental impacts.

This department is responsible for reviewing any EIAs required for development projects within watersheds, and monitoring the implementation of those development projects.

Sub-Decree on Water Pollution Control Article 1

The purpose of this Sub-Decree is to regulate water pollution control in order to prevent and reduce the pollution of public water areas so that the protection of human health and the conservation of biodiversity may be ensured.

This Sub-Decree regulates water pollution for the purposes of public health and biodiversity conservation.

Article 2 This Sub-Decree applies to all sources of pollution and all activities that cause pollution of public water areas.

This Sub-Decree applies to all sources of water pollution within the watersheds of Cambodia.

Article 3 Technical terms used in this Sub-Decree shall have the following meaning: … -Source of pollution refers to any place, such as dwelling house, public administrative building, premise, transport facility, business area, or service place, from which effluent pollutants or hazardous substances are directly or indirectly discharged into public water areas or public drainage systems… -Pollutant refers to solid, liquid, or gaseous substances and all kinds of waste that cause any change in the components or characteristics of water…

Pollutant and pollutant source is broadly defined within this sub-decree, therefore easily covering the sources of water pollution which are effecting the water quality of watersheds in Cambodia.

Article 6 The discharge of wastewater from any source of pollution that is not consistent with the standards for effluent

Wastewater discharges into watersheds that do not meet the standards outlined in the annex to the sub-decree are prohibited. The

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discharge…shall be strictly prohibited. Annexes to this Sub-Decree are quite detailed.

Article 8 The disposal of solid waste or any garbage or hazardous substances into public water areas or into public drainage system shall be strictly prohibited.

The disposal of garbage into the public water areas, such as the uncontrolled disposal of garbage from vendor activities, is strictly prohibited and can be controlled by MOE.

Article 9 The discharge of sewage from dwelling and public buildings into public water areas without passing through public sewage systems or other treatment systems shall be strictly prohibited.

Direct, untreated discharge of sewage into bodies of water is strictly prohibited. If the discharge were into a publicly maintained collection system, the activity would not be considered strictly prohibited.

Articles 10 & 11 The discharge…of wastewater from any source of pollution…is subject to prior permit from MOE…

Certain discharges of wastewater require a permit from the MOE.

Article 13 The owner or person responsible for the pollution source…that intends to release…effluent…shall apply for a permit from MOE: -…60 days before commencement of new pollution sources located in provinces and municipalities. -Within 40 days after being required by MOE…for existing sources of pollution located in provinces and municipalities.

If required, owners of pollutant sources, both new and existing, must apply for a permit from MOE or else face penalties.

Article 18 The monitoring of the discharge…of effluent from any source of pollution is the responsibility of MOE.

MOE has jurisdiction over effluent discharge monitoring (water pollution control monitoring) in Cambodia.

Article 23 The owner or person responsible for the pollution source…shall:

a) be responsible for determining the method of treatment and discharge of their effluent so that it adheres to the effluent standards…as well as standard of pollutant loading as stipulated…in this Sub-Decree…

The owner of a pollutant discharge into water bodies is responsible for the treatment methodology so that it meets discharge and loading standards.

Article 26 MOE shall regularly control and monitor the situation of water pollution at public water areas throughout the Kingdom of Cambodia in order to take measures to prevent and reduce pollution in public water areas.

MOE has jurisdiction over water pollution monitoring and control in Cambodia.

Article 29 If it is found that any public water area is suffering from pollution that could threaten human life or biodiversity, MOE shall immediately notify the public about this danger and shall take measures to prevent further pollution and to restore the water quality of such public water area.

MOE can take immediate action if water pollution threatens human life or biodiversity.

Article 31 Where there is a complaint or report about any source of pollution

MOE, along with other concerned ministries, may make inspections of sources that are

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discharges…that…causes any pollution to any public water area, MOE, in collaboration with other concerned ministries, may enter the site of this source of pollution and conduct inspections and take samples…

polluting water bodies.

Sub-Decree on the Organization and Functioning of the Ministry of Industry, Mines and Energy Article 2

The Ministry of Industry, Mines and Energy shall be authorized by the RGC to direct and manage the industry, mines and energy sectors of the Kingdom of Cambodia…

The Ministry of Industry, Mines and Energy (MIME) has jurisdiction over issues involving the generation of hydropower and sanitary water production/distribution (see below).

Article 3 MIME shall have the following duties and obligations: … -to conduct research on the distribution networks of hydropower and estimate its potential in order to develop and produce electrical generation projects; -to prepare and implement a sanitary water distribution system in municipalities and urban areas; …

MIME has jurisdiction over research on hydropower generation/distribution and preparation/implementation of sanitary water distribution systems for municipalities and urban areas. There may be some overlap with MOWRAM jurisdiction depending on how broad the sanitary water distribution system authority is construed, and whether or not a reservoir within a watershed would produce electricity.

Article 6 Industrial General Department shall have the duties to: …prepare, manage and develop sanitary water production; …

The Industrial General Department is responsible for sanitary water production (see Article 11 below).

Article 11 The Sanitary Water Department shall have the duties to: -Institute, control and supervise the sanitary water production and exploitation in municipalities and urban areas throughout the country… -Facilitate and liaise with concerned institutions to provide sanitary water; and -Conduct international cooperation to develop sanitary water in collaboration with concerned institutions.

Article 11 outlines the duties of the Sanitary Water Department. The Department must work with other ministries, institutions and international agencies in the development of sanitary water supplies.

Article 16 The Energy General Department shall have the following duties: -Prepare principles, policies, strategies, and rules and regulations on utilization and control of the fields of electrical power and others; -Conduct research, prepare and implement development plans in energy fields by assuring and protecting the social interest… -Control and instruct the electrical entities within the country to implement according to the laws, sub-decrees, decisions and circulars on the utilization and supply of all types of energy.

Article 16 outlines the duties of the Energy General Department. This department would be involved in watershed management if a reservoir were planned with hydropower generation abilities.

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Sub-Decree on the Organizing and Functioning of the Ministry of Water Resources and Meteorology Article 1 & 2

This Sub-Decree defines and organizes the entities of the Ministry of Water Resources and Meteorology (MOWRAM) and functions of Directorate General and Department. MOWRAM has been given the missions by the RGC to conduct and manage the water resources and meteorology of the Kingdom of Cambodia.

This Sub-Decree outlines the roles, responsibilities and duties of MOWRAM. MOWRAM has the general duty to manage water resources within the country.

Article 3 MOWRAM has the following functions and roles: -To define the policies and strategic development of water resources… -To manage and supervise all of the direct and indirect exploitations on water resources… -To support and advise on technical matters to the private sector, organizations, communities, and all people related to the improvement and exploitation of water resources… -To strengthen and expand national and international collaboration in the water resources sector…

MOWRAM should be involved in the development, management and coordination of activities related to the water resources within watersheds in cooperation with other government entities.

Article 10 The Directorate General of Technical Affairs is in charge of managing the exploitation, monitoring, advising, disseminating, and coordination of all tasks that are related to water resources…

The overall management of water resources and implementation of projects related thereto fall under the jurisdiction of the Directorate General of Technical Affairs, which includes relevant departments such as the Departments of Water Resources Management and Conservation, Hydrology and River Works, Water Supply and Sanitation, and Engineering.

Article 11 Department of Water Resources Management and Conservation is responsible for: -Preparing and carrying out the strategic plan in order to serve the multipurpose development including hydropower, flood control, irrigation, etc., except the projects which serve electric power production are the first priority. -To manage the watershed areas and to prepare the program for a location of water use to assure the exploitation and conservation of water resources in a very effective and sustainable manner… -To do technical inspection of all constructions related to water resources…

Department of Water Resources Management has primary authority over hydropower production projects and watershed management. The department also is responsible for the technical review and monitoring of water resource construction activities, such as the construction of reservoirs or hydroelectric dams. Note the overlap in mandated responsibilities related to hydropower production with the Ministry of Industry, Mines and Energy.

Article 12 Department of Hydrology and River Works is responsible for: -Preparing projects to install hydrologic stations on the major point of water sources in order to serve the water resources development;

Department of Hydrology and River Works evaluates and monitors water resources, prepares plans for watershed protection and prepares projects for the installation of hydrologic stations.

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-To prepare short, medium and long term plans on projects related to erosion, sedimentation and river bank protection;… -To carry out water quality monitoring at important hydrological stations; -To research hydrological phenomena, hydrological modeling, hydrological calculation and surface…water potential…

Article 15 Department of Water Supply and Sanitation is responsible for: -Studying the sources of surface and ground water; -Researching, evaluating, and preparing short, medium and long term plans for the development of water sources which serve to produce safe water and to monitor the implementation…

Department of Water Supply and Sanitation is responsible for studying and evaluating potential sources of sanitary water supply and to come up with plans for their exploitation.

Article 16 Department of Engineering is responsible for: -To study, design and construct all kinds of structures related to water resources; -To manage instruments and heavy equipment which serve design and construction; -To carry out soil quality control to serve construction…

Department of Engineering provides the technical expertise related to design and construction of water resources related projects, such as a water reservoir within a watershed for the purpose of providing safe drinking water and hydroelectric power.

Article 20 All works which concern other institutions, the leader of those institutions and the Minister of MOWRAM must collaborate with each other in order to divide the responsibilities and implement those activities via a joint declaration of agreement between MOWRAM and the other concerned institutions.

In situations where there are more than one government institution concerned with a project, such as would be the case with the management and development of watersheds, MOWRAM must coordinate with the other concerned institutions and enter into a joint agreement that outlines the various institutions responsibilities.

Sub-Decree on Organization and Functioning of the Ministry of Land Management, Urbanization and Construction Article 2

The RGC vests the mission in the Ministry of Land Management, Urban Planning and Construction (MLMUPC) to direct and manage the affairs of land management, urban planning, construction, cadastre, and geography in the Kingdom of Cambodia…

MLMUPC has jurisdiction over land management and cadastral issues. MLMUPC should be involved in the demarcation and delineation of the boundaries of watershed protection forest, protected areas, etc.

Article 3 In order to implement its mission, MLMUPC has the following tasks: 1) With the mission in land management, the MLMUPC shall: …ensure that decisions on infrastructure construction are in accordance with the priorities of land management policy; 3) With the mission in cadastral work…responsible for…surveying,

MLMUPC’s jurisdiction relates to delineation and demarcation of boundaries, assisting in clearing up any issues related to land ownership, and involvement in infrastructure development that could relate to watershed development policies.

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mapping and issuing land titles for the whole country…cadastral registrar. 4) With the mission in geographic work…responsible for managing and disseminating maps…

Article 21 The General Department of Cadastre and Geography is responsible for the Ministry in…carrying out the cadastral surveying and mapping; issuing land titles throughout Cambodia…defining parcel boundaries; registering state properties…cooperating with other ministries and institutions in managing and use of land.

General Department of Cadastre and Geography issues land titles and registers state properties. The Department must also cooperate with other relevant Ministries and departments when jurisdiction overlaps.

Article 24 The Department of Land Registration has the following roles and responsibilities: file and administer cadastral documents…register state properties…maintain cadastral documents and archives; provide land information.

The Department of Land Registration, within the General Department described in Article 21 above, administers cadastral documents and archives, registers state land and provides information on land.

Article 31 Each province/municipality has an office of land management, urban planning, construction and cadastre, and each district has a bureau of land management, urban planning, construction and land titles which is in charge of implementing and coordinating the activities of the Ministry.

The role of MLMUPC offices at the provincial and district levels of government.

Sub-Decree on Environmental Impact Assessment Article 1

The main objectives of this Sub-Decree are: -To determine an Environmental Impact Assessment (EIA) for every private and public project or activity. The assessment shall be reviewed by MOE prior to submission to the RGC for a decision. -To determine the type and size of the proposed private and public projects and activities, including existing and ongoing activities subject to the EIA process. -To encourage public participation in the implementation of the EIA process and take into account their input and suggestions in the process of project approval.

Primary objective of this Sub-Decree is to have certain types of projects be required to carry out an EIA.

Article 2 This Sub-Decree covers every proposed and ongoing project and activity (whether of private sector, quasi-public, or state government/ministry/institution…), except for special and crucial projects approved by the RGC.

Many projects within watersheds would require an EIA and should take into account impacts on the watershed.

Article 3 MOE shall have the following responsibilities: a) evaluate and review the EIA reports in

MOE has the duty to review and evaluate EIAs, and also check to make sure that projects are properly implemented

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collaboration with other concerned ministries; b) follow up, monitor, and take appropriate measures to ensure a Project Sponsor will comply with the Environmental Management Plan during project construction, implementation, and closure as described in the approved EIA report.

throughout their duration, including closure.

Article 4 Central Government Institutions in their capacity as the Approval Institution shall approve the projects (requiring and EIA) only after consideration of the findings and recommendations of MOE on the EIA reports.

The government entity that approves a project must take into account MOE comments and findings.

Article 5 The project sponsor shall conduct and initial EIA (IEIA) for projects requiring and EIA.

Project sponsors must first conduct an IEIA.

Article 7 The project sponsor shall apply to MOE for a review of their IEIA and pre-feasibility study.

MOE also reviews IEIAs.

Article 14 The project sponsor shall file an (IEIA) with MOE and forward a copy to the project approval institution.

Process for IEIAs.

Article 15 MOE shall review the EIA report as described in Article 14 and provide findings and recommendations to the project sponsor and the project approval institution within 30 working days…

MOE shall provide review and comments on an EIA within 30 days of receipt. Unfortunately, if there is no comment within 30 days, the EIA is considered approved.

Article 20 The project sponsor shall acknowledge the findings and recommendations of (IEIA or EIA), as approved by MOE, before they can proceed with their project’s implementation.

The project sponsor must comply with findings and recommendations of MOE.

Article 28 MOE shall collaborate with other line ministries/institutions to issue a stop-work order for existing/ongoing projects which failed in implementing the Environmental Management Plan as approved in the EIA report.

MOE, in cooperation with other concerned ministries and governmental departments, shall issue a stop work order if the management plans outlined in an EIA is not complied with.

Article 29 A project sponsor who knowingly fails to disclose or misrepresents information that is vital to the environmental review process or does not implement the Environmental Management Plan as approved in the EIA report…shall be subject to penalties set forth in…the Law on Environmental Protection and Natural Resource Management.

Penalty provisions are available to punish those that violate the provisions of this Sub-Decree.

Article 30 The Ministry of Environment shall have the responsibility to report and file a

MOE is responsible for enforcing this Sub-Decree.

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complaint against any project sponsor found in violation of provisions of this Sub-Decree.

Annex List of Projects Requiring and IEIA or EIA -Water supply >10,000 users -Hydropower >1 MW -Logging >500 Ha -Land covered by forests >500 Ha -Tourism areas >50 Ha

Types of activities that could occur within watershed areas that should have an EIA conducted. These are just a few of the laundry list provided in the annex.

Sub-Decree on the Organization and Functioning of the Ministry of Agriculture, Forestry and Fisheries Article 1

The Ministry of Agriculture, Forestry and Fisheries (MAFF) is delegated by the RGC to perform the guiding and administrative mission over the agricultural field of the Kingdom of Cambodia.

MAFF is the primary ministry with authority over issues related to forestry, including forestry issues within watersheds.

Article 18 The Department of Forestry shall have the following roles: …to prepare projects, legal texts, regulatory acts and directives for protection and governing the forest resource exploitation, wildlife preservation and hunting; to participate in the determination of environmental protection measures and design plans for governing forest land, forest reserved for wildlife shelter, natural protection zones, reforestation zones…to assist and encourage initiators who wish to protect and realize forestry and wildlife resources and concentrate on forest communities…

Department of Forestry, within MAFF, has specific roles and duties to carry out which are both defined here and within the Forestry Law. These duties include management of protection forests for watershed conservation.

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Annex 2 Rules and Regulations Relevant to Watershed Management in the Lao PDR


9/2004

Document Date Issuing Body Constitution 15 August 1991 National Assembly

6th Session Forestry Law 11 October 1996 National Assembly Water Resources Law 11 October 1996 National Assembly Land Law 12 April 1997 National Assembly Environmental Protection Law 3 April 1999 National Assembly PM Decree 102 Implementation of Environmental Law

4 June 2001 Prime Minister

PM Decree 204 Implementation of Water Resources Law

9 October 2001 Prime Minister

PM Decree 67 National Land Management Agency

18 May 2004 Prime Minister

MAF Reg. 535 Management of Village Forests

18 June 2001 Minister of MAF

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Rules and Regulations Relevant to Watershed Management in the Lao PDR

Robert B. Oberndorf 9/2004

Document Text Relevance

Constitution Article 17 All organizations and citizens must protect the

environment and natural resources – land, water, forests, fauna and atmosphere.

Everyone must comply with legislation to protect natural resources and the environment.

Article 34 All Lao citizens must respect the Constitution and laws.

Duty of citizens to follow legislation.

Article 63 Province governors, mayors and district chiefs must implement legislation and abolish local legislation in conflict with State

Mandate to local officials to enact legislation at local level consistent national legislation.

Article 64 Village heads must implement legislation passed by the State

Mandate to villages to implement legislation.

Forestry Law Article 1 This Forestry Law determines basic principles,

rules, and measures relative to the administration, maintenance, use of forestry resources and forest lands, promotion of rehabilitation, planting and propagation of forestry resources in the Lao People’s Democratic Republic in order to balance nature, make forests and forest lands a sustainable source of sustenance and used by the people, ensure the protection of water resources, preventing soil erosion, protecting flora, trees, aquaculture and wildlife and the environment, contributing to national socio-economic development for continually increasing wealth.

Outlines the purpose of the Forestry Law. Note that one of the purposes is to ensure the protection of water resources.

Article 5 Natural forests and forests lands are the property of the national community whom the State represents in the administration and allocation of individual use and reasonable organization. Individuals and organization shall have the right to possess and use any tree, natural forest and forest land provided only that [they] have received approval from the relevant authorized agency.

Natural forests and forest lands belong to the State, but user rights can be granted.

Article 8 Individuals and organizations have the obligation in the preservation of forests, forestry resources, forest lands, water sources, marine animals, wildlife and the environment, proper use of forests and forest lands according to regulations, to not degrade forests, to exhaust them, to issue necessary measures for the prevention of forest fires, contribute to preventing the destruction of forests by any means.

Individual and organizations have to obligation to conserve forest resources, including water sources within the forest lands.

Article 11 The Government determines the general administrative and use plans for forests and forest land throughout the country, which plan is

The planning process for forests include short, medium and long term plans at the national and local

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comprised of long, medium, and short term plans which are thereafter submitted to the National Assembly for consideration and adoption. Local authorities, with reference to the Government’s general plan and actual local circumstances shall make an administrative and a use plan for forests and forest lands in their localities and shall thereafter submit such to higher authorities for adoption.

levels. Watershed issues should be incorporated in the planning process.

Article 16 Forests in the Lao People’s Democratic Republic are divided into the following types: 1 Protected forests; 2 Forest Reserves; 3 Production Forests; 4 Rehabilitated Forests; 5 Degraded Forests or Defoliated Land

Forest classification system in Laos.

Article 17 Protected forest are forests and forest land which are divided for the purpose of protecting water sources, preventing soil erosion, strategic areas for national defense, prevention of natural disasters, the environment, etc.

Protected Forests can be created for the purpose of protecting water sources and preventing soil erosion.

Article 18 Forest reserves are forests and forest lands which are separated for the purpose of preserving species of flora and fauna, nature and other precious things in terms of history, culture, tourism, the environment, education and experimental scientific research.

Forest Reserves can be created for the purpose of preserving the environment, and therefore could also fall into a watershed conservation category.

Article 22 Forestry activities are all undertakings relative to forests and forest resources perform in or outside of forest areas and forest land, i.e., surveys, design, planting, rehabilitation, maintenance and preservation, forest development, exploitation, moving wood and wood products, processing, protection of forestry resources, preservation of water sources, forest related natural environment and propagation of species of flora, species of trees and marine animals including stopping dry rice cultivation forests [and encouraging relevant individuals] to undertake fixed occupations.

“Forestry activities” includes a broad range of activities, including the preservation of water sources.

Article 33 Planting and rehabilitating forests is to preserve and to propagate national forest resources in order to provide for a non-exhaustible wood and forest derived products use, to protect water sources, land, marine animals, wildlife and the environment for a balance as well as being significant State, organizational and individual revenue.

One of the stated reasons for planting and rehabilitating forests is to protect water sources.

Article 41 To protect water sources, to prevent erosion, strategic national defense areas, to protect against natural, environmental and other disasters, it is necessary to strictly protect protected forests e.g., it is prohibited to practice dry rice cultivation, to cut, to destroy, to burn, to move the trees, to cut wood for fuel wood, to raise live stock [in the forest], erect houses, build other activities, including digging soil,

Protected forests for water resources are strictly controlled with most activities prohibited.

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rocks or minerals, hunting or collecting prohibited animals or forest products.

Article 57 Users of forests and forest lands have the following obligations: … To use forests and forest lands while preserving water sources…and the environment.

Users of forests and forest lands, in addition to other obligations, must protect water sources and the environment.

Article 59 Forests and forestry activities administration agencies are comprised of the Ministry of Agriculture and Forestry, the provincial and prefecture Agriculture and Forestry Divisions, the district Agriculture and Forestry Office, and village administrative authorities.

Lists the forests and forestry activities administration agencies.

Article 60 In the administration of forests, forest lands and forest activities, the Ministry of Agriculture and Forestry has the following principal rights and duties: 1 Be the governmental logistics center in developing and propagating strategic policy guidelines and Party and State policies into work programs, detailed projects and regulations and laws to administer forests, forest lands, water sources, marine animals, wildlife and forestry activities throughout the country; 2 [Conduct] technical scientific forestry research, create a statistics center network and information on forest, forest lands, forestry resources and water sources; 3 Co-ordinate with relevant parties and localities to survey the natural forestry potential in order to categorize forest areas; determine areas for forest preservation, types of wildlife and marine animals to be preserved as well as organizing the preservation of forestry resources and the natural environment relative to forests; 4 Research and issue opinions regarding investment in forestry activities; 5 Research and train and upgrade forestry technocrats; 6 Consider the conversion of forests or forest lands as determined in Article 14 of this Law; 7 Cooperate with foreign [parties] with respect to forestry activities.

Outline of responsibilities of Ministry of Agriculture and Forestry. Note responsibilities related to water sources.

Article 61 In the administration of forests, forest lands, and forestry activities, the provincial Agriculture and Forestry Division has the following principle rights and duties: 1 Be the direct logistics [coordinator] to the Ministry of Agriculture and Forestry and the provincial and prefectural administrative authorities in researching, directing, planning, inspecting and vertical and horizontal macro-organization regarding forests within the scope of its responsibility under the supervision and inspection of the provincial governor and the mayor of the prefecture; 2 Co-ordinate with relevant parties in its locality. Conduct surveys of the natural forestry potential in

Outline of responsibilities of the provincial Agriculture and Forestry Division. Again, note provisions related to water sources.

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order to allocate forest areas, determine natural preserves, types of wildlife and marine animals which must be preserved as well as organizing preservation of forest resources and the natural environment relative to forest within its scope of authority; 3 Research and issue opinions regarding investment in forestry activities; 4 Issue license for the exploitation of wood, forestry products as approved by the Government and according to specific regulations; 5 Consider the conversion of forests or forest lands as determined in Article 14 of this law; 6 Administer and register wood cutting machinery and all types of game hunting guns.

Article 62 In the administration of forests, forest lands, and forestry activities, the district Agriculture and Forestry Office has the following rights and duties: 1 As the logistics coordinator for the provincial and prefectural Agriculture and Forestry Division and district administrative authorities in researching and implementing plans, work plans, projects, provisions, regulations, orders and notices and instructions of the Ministry of Agriculture and Forestry and the provincial and prefectural Agriculture and Forestry Division under the management of the district chief. 2 Be responsible for organizing people at the village level, manage and preserve forests and forest land, organize the assignment of forest lands and degraded forests or defoliated land to people and families at every village to plant or assign reed forests to rehabilitate or maintain them so that they become dense and abundant, while also protecting forestry resources, forests protecting water sources, marine animals, wildlife and protecting the natural environment relative to forests. 3 Monitor and inspect the adherence to regulations relative to cutting trees, processing wood, and forestry products, game hunting, fishing and selling wildlife. 4 Research and issue opinions relative to investment in forestry activities. 5 Consider the conversion of forests or forest lands as provided for in Article 14 of this law.

Outlines responsibilities of the district Agriculture and Forestry office. Note provisions related to water sources.

Article 63 In the administration of forests, forest lands, and forestry activities village administrative authorities have the following principle rights and duties: 1 Organize the implementation of the district’s directives regarding the forest, forest land and forestry activities; 2 Implement the assignment of village forests and forest lands for individuals and inter village organisations, administer, preserve, rehabilitate, plant, propagate and make effective use according to contract, according to plan and approved regulations from the district Agriculture and Forestry office.

Outline responsibilities of village administrative authorities. Note provisions related to water sources.

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3 Publicize, educate, and train regarding the significance and benefits of forest, forest lands, marine animals, wildlife, water resources and the natural environment so that people in their villages actually understand [such significance]. 4 Monitor and record the conditions of change in forests, the environment and the circumstances of the undertaking of forestry works in their villages, and thereafter report such to the district Agriculture and Forestry Office. 5 Appoint people to administer forests and forest lands within its village area. 6 Draft specific administrative regulations, for preservation of forests, water sources, marine animals, wildlife and the natural environment within the village for consistency with the actual conditions of that village. 7 Establish fixed occupations for people of its villages in order to restrict and progressively cease the cutting and destruction of forests and protection of the natural environment, making forests and forestry resources return in abundance. 8 Consider approval for peoples cutting of wood within its own village according to regulations. 9 Monitor and inspect and prevent the hunting of game and the illegal buying and selling of wildlife. 10 Be enterprising in timely fighting bad activities impacting forest resources, water sources, and the environment such as: illegal logging, burning forests and restricting all acts which are detrimental to the forest resources, marine animals, wildlife and water sources.

Water Resources Law

Article 1 This Water and Water Resources Law determines necessary principles, rules and measures relative to the administration, exploitation, use and development of water and water resources and to ensure volume and quality providing for people’s living requirements, agriculture, forestry, and industry, developing socio-economy and ensuring that not damage is caused to the environment.

General stated purpose of the Law.

Article 2 …Water resources are natural resources which are comprised of things inhabiting water or water resources which do or do not have life, …

Broad definition of water resources.

Article 3 …Water exists above and underground and in the atmosphere…

…Catchments are all areas of ground surface and forests, from river sources to the mouths of rivers where water is distributed and in places where raindrops are accumulated into a water source system.

Explanation of water sources, including definitions of above ground, underground, atmospheric water sources and catchments.

Article 4 Water and water resources are the property of the national community…

Water resources are owned by the state and are used with permission

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from the state. Small scale family usage is allowed without permission by law.

Article 5 Water and water resources management and use must be conducted according to centralized and integrated management principles, according to the allocation plan…in Law.

Basic principles of national management.

CHAPTER II Articles 8-12

Surveying, Listing and Determination of Water Source Types and Catchments

Focus of Chapter II.

Article 8 Ministry of Agriculture and Forestry is directly responsible for water source and water catchment surveying and listing throughout the country…

Responsibility of Ministry of Agriculture and Forestry in relation to water resources surveying and listing.

Article 9 For use in the National Socio-Economic and Environmental Development Plan…water resources and categorized according to the following purpose types…Drinking water sources….Reserved water sources…Irrigation water sources…Production of electrical power water sources…Industrial water sources…Water transport water sources…Tourism water sources…Protection of health and public hygiene water sources…

Classification system for use of water sources that feeds into national planning programs.

Article 10 There are three types of catchments… Main catchment…Mekong River… Tributary catchment…branch of Mekong River… Branch catchment…feeds into tributary of Mekong River or other rivers in territory…

Classification system for catchments in the Lao PDR.

CHAPTER III Articles 13-19

Water and Water Resource Use Focus of Chapter III.

Article 14 …The right to use water and water resources exists at three levels: Small scale, medium scale, large scale.

Law sets up three use categories for planning and approval processes. Explanation of the three types included in Articles 15, 16 and 17 respectively.

Article 18 Small scale use does not require approval (but may be limited by law or agency). Medium and large scale use, approval must be obtained, registration made, and agreement made…large scale use must be accompanied by feasibility study, ESIA statement, and specific means to resolve impacts.

Approvals and actions required for each classification of use.

CHAPTER IV Articles 20-28

Development of Water Sources and Management of Water Source Development Activities

Focus of Chapter IV

Article 22 Water development activities must be conducted in accordance with the following principles: 1)…in compliance with Socio-Economic and Environmental Development Plan, (and other relevant national and regional plans)…; 2) Must ensure the preservation of water and water resources, the environment and natural panorama; 3) Must prevent ill effects…; 4) Must conduct activities under the inspection of

Principals of water development. Firm commitment to protection, conservation and integration with national and regional planning processes.

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relevant authorized agencies for water and water resources.

Article 25 The Government promotes the development and use of water resources in production of large, medium and small scale electrical power…reference must be made to preserving origins of water, forests, the environment…etc.

Government commitment to the sustainable development of hydropower while minimizing environmental impacts.

Article 26 The State promotes the building of public reservoirs to ensure agro-forestry production and livestock…

Commitment to public reservoirs for socio-economic development with encouragement from local authorities, including economic incentives.

Article 27 In water source development, diversions, separations or modifications in flow must have following approval: Small scale=provincial or prefecture authority; Medium scale=National Government; Large scale=National Assembly.

Levels of approval for water source development that leads to diversion, separation of modification of flows, based on the size of the development.

CHAPTER V Articles 29-32

Protection of Water and Water Resources Focus of Chapter V.

Article 29 Individuals, juristic entities, or organizations are obligated to preserve water and water resources, shall not cause water to dry up or be depleted, polluted…and shall not cause damage to water, water sources…there are strict obligations to preserve and rehabilitate and maintain forest resources and forest lands in water catchment areas in conformity with water source allocation plan…specifically in area of water origins or around water sources…The Government shall determine protected and reserved areas to preserve water sources.

Obligations of various entities to protect conserve water resources and forest areas. Acknowledgement of the importance of forest resources in watershed protection.

Article 30 The Government determines areas of protected water and water resources in order to supply volume and quality to the populace…Within the protected areas, there shall be no construction, agro-forestry production or industry, livestock, quarrying…dumping of trash…waste water…etc., which cause damage.

Most activities are prohibited in areas of protected water and water resources. Article 31 outlines prohibitions in protected and reserved water resource areas, and also spells out general prohibitions in any water or water resource areas without prior approval being granted.

Article 31 The responsible water authority shall determine quality standards…

Acknowledgment that authority within the government will set water quality standards, including drinking water quality standards, but no mention of which authority.

CHAPTER VI Articles 33-38

Undeniable Facts This Chapter covers issues of rights of those downstream and upstream from water use or development activities, granting of rights of way for water, contribution costs for those that benefit from water resource development projects, and dispute resolution mechanisms.

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CHAPTER VII Articles 39-43

Preventing and Fighting Water Damages Focus of Chapter VII, covering flood prevention, fighting erosion, preventing pollution of water and management of waste water, and monitoring and inspection. Very general provisions without detail for the most part. General prohibitions on carrying out activities that cause erosion and water pollution, and obligations to control flooding.

CHAPTER VIII Articles 44 & 45

International Cooperation Relative to the Use, Control, Protection and Development of Water and Water Resources

Focus of Chapter VIII, with general statements related to international agreements and cross border impacts, and dispute resolution between the Lao PDR and other countries.

CHAPTER IX Articles 46 & 47

Privileges for Productive Persons and Measures Against Offenders

Very basic language contained in this Chapter on incentives and rewards for those that utilize water resources in a proper way, and penalties (re-education or other punishment) for those that violate the provisions of the Law.

Land Law Article 1 The function of the Land Law is to determine the

rules relating to the management, protection and use of land which is a national resource in order to ensure efficiency and conformity with the objective and law and regulations and to make contribution to the acceleration of the national socio-economic development as well at to the protection of the environment and the national borders of the LAO PDR.

Purpose of the Land Law, with inclusion of a commitment to the protection of the environment.

Article 6 All individuals and organizations shall have the obligation to protect the land in order to keep it in a good condition in which there is no soil erosion, land slip and soil degradation, and in a quality which is suitable to each category of land, and to ensure that the area of each land category has not decreased without due authorization.

General statement on protection of land and the environment.

Article 8 The State is charged with the management of the land for the whole country in a uniform and coordinated manner in which the Government assigns the management responsibilities to concerned ministries…

General statement that the Government is in charge of land management issues. There is no specific ministry in charge of these issues, but rather it is shared among a number of diverse ministries depending on the classification of the land in question (See Articles 11-42)

Article 9 The main functions in Land Management are as follows: 1) Land data survey and allocation; 2) General land mapping; 3) Land measurement and land quality evaluation;

Land management functions that relate directly or indirectly to watershed management activities.

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4) Classification of land regions; 5) Classification of land categories; 6) Preparation of Land Master Plan; 7) Land use planning; 8) Approval of Land use plan; … 15) Land use control; …

Article 11 Land in the whole country is divided into regions and categories as follows: 1) Classification of Regions -Plains Region… -Plateau Region… -Mountainous Region… 2) Classification of Categories - Agricultural Land -Forest Land -Construction Land -Industrial Land -Communication Land -Cultural Land -Land for national defense -Water-area Land

The country is divided into three regions, with lands in each region placed into one of three sub-regions: -Urban -Rural -Specific economic In addition, land is placed into a specific category as listed.

Article 12 The Government is charged with the zoning and demarcation of boundaries for each land category throughout the country and, thereafter, submit to the National Assembly for approval.

Local Administrative Authorities are charged with the determination of land categories which are under their jurisdiction in accordance with the determination of boundaries for land categories made by the State and, thereafter, submit to the higher authority for consideration and approval.

Land throughout the country is supposed to be zoned based on the categories listed in Article 11.

Articles 15 & 16 Agricultural Land is the land which is determined to be used for…irrigation.

The Ministry of Agriculture and Forestry is charged with managing agricultural land…

Irrigation works for agricultural purposes are classified in the Agricultural Land category. Ministry of Agriculture and Forestry has jurisdiction over this category.

Articles 19 & 20 Forest land area is the areas of all land parcels which are covered by forest or the land which is not covered by forest but is determined by the State to be forest land as prescribed in the Law on Forest.

Ministry of Agriculture and Forestry is charged with managing the forest land, determining different categories of forest land, making research on regulations on the management, protection, development and use of this category of land, and on environmental protection…

Description of Forest Land category. Ministry of Agriculture and Forestry has jurisdiction over this land category.

Articles 31 & 32 Communication land is the land used for making roads, sidewalks, water canals, bridge construction places…harbours…

The Ministry of Communication, Transport, Post and Construction is charged with managing the

Communication land category includes water canals, bridges and harbours and falls under the administrative authority of the Ministry of Communication, Transport, Post and Construction.

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communication land…

Articles 39 & 40 Water-area land is the land which is submerged or surrounding water sources, such as submerged land, head waters, river banks, islands, newly formed land, land caused by water-receding or land caused by the change or the diversion of water ways.

The Ministry of Agriculture and Forestry is charged with managing the water-area land…

Description of Water-area Land category, with administrative authority vested in the Ministry of Agriculture and Forestry.

Article 41 The use of water-area land shall be made in compliance with the following conditions:

1) Protection against erosion; 2) Not causing obstruction to water way; 3) Not causing silting of water ways or flood; 4) Not causing pollution in water source; 5) Not cutting trees and destroying the forest

in water catchment areas; 6) Not digging and taking away the river-bank

soil (unless necessary and with prior authorization).

Specific restrictions on the use of water-area lands which fills important gaps in the Water and Water Resources Law.

Article 42 The administrative authority of the village where the water-area is located is charged with making the study and proposal to the district administrative authority concerning the allocation of such land to individuals or organizations for appropriate protection and use.

Village authorities participate in the decision making process related to the use of water-area lands.

Law on Environmental Protection

Article 1 The Environmental protection law specifies necessary principles, rules and measures for managing, monitoring, restoring and protecting the environment in order to protect public, natural resources and bio-diversity, and to ensure the sustainable socio-economic development of the nation.

Purpose of the Law.

Article 5 The basic principles of environmental protection are:1. Environmental protection shall be the priority consideration and environmental mitigation and restoration are considered to be less preferable, but also important activities; 2. The national socio-economic development plan shall include provisions to protect the environment and natural resources; 3. All persons and organisations residing in the Lao PDR shall have an obligation to protect the environment; 4. Whoever causes damage to the environment is responsible for the impact under the law; 5. Natural resources, raw materials and energy shall be used in an economical manner, which minimizes pollution and waste and allows for sustainable development.

Governmental commitment to environmental protection in the Lao PDR.

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Article 8 Environmental impact assessment (EIA) is process of estimating impacts on the environment by development projects and activities. It also identifies methods and standards for mitigating and reducing such anticipated impacts on the social and natural environment. 1. Science Technology and Environment Agency shall issue General regulations on procedures and methods for Environmental Impact Assessment; 2. Each Sector that is responsible for the development projects and activities shall issue its own regulations on procedures and methods for Environmental Impact Assessment, based on the general EIA regulation issuing by the Science Technology and Environment Agency; 3. Development projects and activities that have or will have the potential to affect the environment shall submit an EIA report according to the paragraphs 1 and 2 above to the concerned environmental management and monitoring unit for issuance of an environment compliance certificate before starting the project; 4. Development projects and activities operating prior to the enactment of this law that have caused losses to the environment shall propose measures, procedures and actions to mitigate such losses to the concerned environment management and monitoring unit for issuance of an environment compliance certificate; 5. Environment Impact Assessment shall include the participation of the local administration, mass organizations, and population likely to be affected by the respective development project or activity.

Projects that might impact on the environment, such as projects that could have a negative impact on watershed quality, must submit and EIA to the appropriate authority for review and approval.

Article 14 Persons and organizations engaging in exploitation, transportation, storage, manufacturing and/or use of natural resources shall strictly comply with the laws on land, forest, water and water resources, mining, and agriculture, as well as other related regulations and laws.

General statement that legislation related to natural resources use and protection must be complied with.

Articles 20 & 21 The pollution is defined as any change in the environment that leads to an increase in the chemical, biological or physical constituents in water, soil, air exceeding the ambient standards as defined in the regulations, or that causes the environment to become poisonous and leads to negative impacts on human health, human life, animals, plants and the environment. Pollution types include: water pollution…

Broad definition of pollution, which includes water pollution.

Article 22 All persons and organisations have obligation to engage in pollution control. Persons engaging in production, industry, services, agriculture-forestry, handicrafts and other business shall utilize technologies and install the necessary pollution control facilities to meet the prescribed environment quality standards.

Obligation to meet pollution control requirements and quality standards.

Article 23 Environment management and monitoring unit at all Relevant government entities must

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levels shall issue regulations and determine environmental quality standard for environmental protection and pollution control in coordination with the concerned sectors, according to their roles and duties. Persons and organisations engaged in all kind of activities must strictly protect and control water, soil, air, waste, chemical, radioactive, vibration, noise, glare, discoloration and odor. It is forbidden to discharge waste water, or water that exceeds the prescribed standards into canals, natural water bodies or other places without proper treatment.

issue regulations to prevent environmental degradation. Blanket prohibition on discharge of waste water or water that exceeds prescribed standards without treatment.

Article 25 Petition or complaint about any undertaking that can cause negative impacts to the environment shall be sent to the local authority or the environment management and monitoring unit of the area where the damage occurs, which shall consider the issue within 30 days from the date of receiving the petition and complaint. Urgent issues shall be addressed immediately. When local authorities or environment management and monitoring unit cannot resolve the issues, they should have to report to the next higher level in their chain of command or to the higher environment management and monitoring unit within seven days. The petition and complaint shall resolve within 30 days, and shall notify to the petitioner of the result.

Mechanism for making complaints about activities that might cause negative environmental impacts.

Article 30 The government supports the establishment of an Environment Protection Fund to support activities in the field of research preservation, mitigation and restoration of the environment, including the protection and conservation of natural resources. For the establishment and management of the Environment Protection Fund, separate regulations shall be issued.

This Law calls for the creation of an Environmental Protection Fund that could conceivably be used for watershed protection/restoration activities.

Article 35 The Institutions for environment management and monitoring are: 1. The Science, Technology and Environment Agency, 2. Environment management and monitoring units at the ministerial level. 3. Environment management and monitoring units at the provincial, municipal or special zone level, 4. Environment management and monitoring units at the district level, 5. The village administrations.

List of government institutions at various levels that are responsible for environmental management and monitoring.

Article 36 The Science, Technology and Environment Agency (STEA), being the environmental management and Monitoring organization at the central level, has the following rights and duties: 1. To act as a Secretary to the Government in making and translating environment strategies and policies into plans, detailed projects, and relevant regulations for the management and monitoring of the environment;

This important Article outlines the roles and responsibilities of the STEA. This agency has general oversight responsibility over activities that impact on the environment. Environmental management and monitoring units within Ministries or

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2. To implement management and monitoring activities, and to report the situation of the environment of the country regularly to the Government; 3. To act as the coordination centre between the concerned sectors and local administrations for managing and monitoring any environment activities; 4. To conduct research and identify methods to protect, mitigate, and restore the environment by using appropriate advanced science and technology; 5. To monitor and control the implementation of strategies plans, programs, projects, regulations, and laws relating to the environment; 6. To issue or revoke licenses of any organization engaging in environment related services; 7. To instruct development projects and activities to prepare environmental impact assessment reports according to the regulations on environmental impact assessment; 8. To receive and response petitions from the population and other sectors regarding environmental issues; 9. To cooperate with authorized concerned sectors in giving orders to adjust, suspend, remove or close down any activities that cause adverse impacts to human health, human life, animals, plants and the environment; 10. To train and upgrade the skills of the environment technical staff, and to educate and raise environmental awareness for all strata of the population, in the country in close cooperation with the sectoral agencies and local administrations; 11. To disseminate, collect and evaluate system of environmental and natural resources information for use as inputs in the national socio - economic planning process; 12. To promote international relations and cooperation related to environmental protection issues; 13. To perform other rights and duties related to environmental protection that have been assigned by the Government, or as stipulated in the regulations and laws.

at the provincial, district or village level must work closely with STEA to ensure activities are not having a negative impact on the environment, including watersheds (See Articles 37-40).

Article 46 Persons or organizations shall be fined if they: 1. Were warned and re-educated, but did not change their behavior; 2. Littered or discharged waste causing pollution and affecting public order and beauty of the city; 3. Caused deterioration to water air, and/or soil quality below the prescribed levels; 4. Used or discharged excessive amounts of vibrations, noise, colors, glare, odor, toxic chemicals or radioactive substances, thus violating established standards or other legislation and causing hazards to human health, human life, animals, plants and the environment; 5. Did not comply with the mitigation measures

Fines can be levied under the Law on Environmental Protection.

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outlined in their respective Environmental Assessment reports; 6. Denied or refused to cooperate with the concerned environment inspection officers; Detailed regulations on fines will be established separately.

PM Decree 102 Implementation Environmental Law

Article 1 This Decree is issued to organize the implementation of the Environmental Protection Law by setting certain general regulations and advising the organizations concerned to outline detailed regulations on the countrywide efficient and unified preservation, protection and restoration of the environment, including the assessment of environmental impacts, control of pollution, prevention of disasters and solutions to environmental issues in line with the targets of the socio-economic development plan and the national land use plan.

Objectives of the Decree outlined. The Decree does little to clarify provisions of the Law on Environmental Protection, and is largely a restatement of the provisions already contained therein.

Article 4 …The Science, Technology and Environment Agency (STEA) shall, in coordination with the authorities concerned, outline the general principals, regulations and measures on the countrywide protection, prevention, maintenance, restoration, public awareness raising and solutions to environmental issues, which shall be submitted to the Government for adoption and issued as reference for their further elaboration by the different ministries, equal ranking committees and local administrative authorities concerned into detailed regulations and measures for the environmental preservation, protection, maintenance, restoration, public awareness raising and improvements within their respective sectors and provinces.

The authority of STEA is strengthened with this PM Decree with the mandate to outline the necessary guiding regulations for all concerned Ministries and provincial authorities.

Article 14 STEA, in coordination with the ministries and agencies concerned, shall issue regulations on general environmental quality standards of natural water sources…in Lao PDR.

STEA is responsible for regulations related to water quality.

Article 15 The following ministries and agencies concerned have the duty to issue regulations and set standards for the prevention and control of pollution within the scope of their respective roles and mandates: 1) MAF issues regulations on the prevention and control of soil and water pollution that may occur from agricultural production… 2) Ministry of Industry and Handicraft issues regulations on the prevention and control of pollution that may occur from industrial plants, such as waste water, degraded water…

Outline of various key ministries duties related to pollution control. MAF has the ability with this provision to control non-point sources of pollution related to agricultural production. Ministry of Industry and Handicraft regulates industrial point sources of pollution.

Article 21 Ministries, organizations concerned and local Various ministries, government

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administrative authorities shall establish their respective Environment Management and Monitoring Unit to manage and monitor the environment of development projects and activities under their management.

agencies and local authorities need to establish Environment Management and Monitoring Units.

PM Decree 204 Implementation of Water Resources Law

Article 2 The objective of this Decree is to implement the Law on Water and Water Resources and to establish the responsibilities of different ministries, agencies and local authorities with regard to the management, exploitation, development and use of water and water resources. The Decree shall also ensure efficient development and use, conformity with the socio-economic development planning, an increase in. production, an improvement of the living conditions of the people and sustainable use of water resources.

General objective of the PM Decree. Many provisions restate that which is already in the Law on Water Resources Law. Below are important provisions that expand on the general provisions in the Law and that are not already covered in other legislation.

Article 3 Ministries and agencies responsible for the management, exploitation, development and use of water and water resources are: 1. Ministry of Agriculture and Forestry (MAF): - responsible for the management, exploitation, development and use of water and water resources in the fields of agriculture, for the prevention and control of flooding in agricultural areas, for the survey and collection of meteorological and hydrological data of Mekong, its tributaries and other rivers outside the Mekong Basin and for preparing, updating and disseminating the inventory of water sources and river basins. 2. Ministry of Communication, Transportation, Post and Construction (MCTPC): - responsible for the management, exploitation, development and use of water and water resources in the fields of communication, transportation, town water supply, urban drainage, protection of river banks, prevention and control of flooding. In addition, MCTPC is responsible for collection of hydrological data and hydrographic surveys for navigation. 3. Ministry of Industry and Handicraft (MIH): - responsible for the management, exploitation, development and use of water and water resources in the field of electricity, industry, mining, for drainage from industries, and for handicraft activities. 4. Ministry of Public Health (MPH): - responsible for the management, exploitation, development and use of water for the rural domestic consumption and health care. 5. Ministry of Trade and Tourism (MTT) is responsible for the management, exploitation, development and use of water and water resources in the field of tourism.

This important article spells out the responsibilities of the various line ministries and other agencies in relation to water and water resources within the Lao PDR. STEA and the WRCC have oversight and coordinating roles to play. LNMC also has coordinating role to play with regards to the Mekong River basin management and development.

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6. Science, Technology and Environment Agency (STEA): - responsible for ensuring coordination between different line agencies in establishing rules and regulations pertaining to the management of the environment, and to research, scientific, and technological services related to water and water resources. 7. Lao National Mekong Committee (LNMC): - responsible for coordinating different line agencies to carry out studies, and implement policies, strategic plans, and programs of Mekong development projects in Laos which are included in the Development Plan of the Mekong River Commission, which is being prepared in coordination with countries in the Mekong Basin region, other countries and donors. LNMC is responsible for drafting laws and regulations that may be necessary as a result of the Chiang Rai Agreement dated 5 April 1995. 8. Water Resources Coordinating Committee (WRCC): - responsible for coordinating line agencies in drafting of strategies and action plans, programs and regulations necessary for the planning, management, use and protection of water and water resources. It is also responsible for monitoring, control, promotion and reporting on the implementation of activities related to water and water resources. 9. The above ministries and agencies shall coordinate with the local authorities in the detailed determination of responsibilities and scope of activities within their sectors.

Article 4 1. Management - is issuing and implementing rules and regulations, and evaluating, monitoring and controlling exploitation, development and use of water and water resources. 2. Exploitation - is making use of water and water resources, such as through drilling and digging to serve people's needs. 3. Development - is an activity for exploitation, gathering, or collection from surface water source or underground water source for a specific purpose. 4. Use - is taking water and water resources and carrying out some activities in or on water sources, to serve a specific purpose in order to benefit from it.

Definitions of key terms, Management, Exploitation, Development and Use.

Article 5 1. The management of water and water resources is divided into 2 levels: the National level and the River Basin level.

2. The WRCC and the LNMC shall coordinate the line agencies and local authorities in drafting the National Water Resources Plan (NWRP), and the water resources plans at the River Basin level, for the management, exploitation, development and use of water and water resources and shall submit these plans to the Government of Lao PDR (GOl) for

id ti d l Th NWRP h ll

Management of water and water resources divided into 2 levels…National, through a National Water Resources Plan, and River Basin. WRCC and LNMC coordinate with line agencies and local authorities in planning process. Planning should be consistent with goals of other national policies and programs.

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consideration and approval. The NWRP shall aim to support the socio-economic goals of the GOl… The plan shall set out the national objectives, strategies and priorities for water resources development and management, including the institutional issues.

3. In case there are no plans for the management, exploitation, development and use of water and water resources in a river basin, the WRCC and LNMC shall prepare- guidelines for the management, exploitation, development and use of water and water resources by the sectors. These guidelines shall be prepared through coordination with line agencies and relevant local authorities and shall submit these guidelines to the Government for consideration and approval.

Article 6 1. The purpose of the survey is to collect data for

the Inventory. The Inventory shall be used for the management of water and water resources.

2. The MAF through coordination with line agencies, WRCC and local authorities shall be responsible for the survey of water sources and river basins.

3. The Inventory of water sources and river basins must include data pertaining to the name, categories, size and characteristics of water sources.

MAF is lead responsible ministry for surveying and inventorying water sources and river basins.

Article 7 1. Classification of water sources for one specific purpose or multiple purpose use must be based on the quality, quantity and geographical location of the water sources.

The classification of water sources, as outlined in Article 9 of the Water Resources Law, shall take these factors into account.

Article 9 1. The WRCC and the LNMC, through coordination with the line agencies and local authorities, shall be responsible for preparing River Basin Plans (RBP) and water resource management plans (WRMP). The WRCC shall submit these plans to the GOL for consideration and approval. .

2. The RBP and WRMP must be in harmony with the National Socio-economic Plan and the land and Forest Use Management Plans. 3. The relevant ministries shall manage water distribution plans within their ministries to meet the requirements of the approved RBP and WRMP.

WRCC and LNMC shall prepare RBPs and WRMPs in coordination with relevant ministries and local authorities, and they must be consistent with socio-economic plans, land use plans and Forest Use Management Plans within the country.

Article 11 1. The relevant ministries in cooperation with the WRCC and local authorities shall prepare standard categories for water use within their sector and submit these to the GoL for approval to achieve consistency between different ministries.

2. The relevant ministries shall coordinate with the local authorities to determine if any small-scale use is to be prohibited within their sectors.

Relevant ministries must determine water use and distribution standards. Small-scale use may be limited by regulation depending on the situation at hand.

Article 15 1. The WRCC shall propose regulations to establish Important provisions on the

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and manage a Fund for the protection of water sources and water resources, in coordination with the relevant ministries and the Ministry of Finance, and submit these regulations to the GOL for approval.

2. Conditions attached to licenses for water use and for water resource development activities must require contributions to be made to the Water Sources and Water Resources Protection Fund.

3. Regulations on the Water Sources and Water Resources Protection Fund shall conform to regulations on other funds in order to avoid overlapping and ensure harmonization.

establishment of a Water Resources and Water Protection Fund.

Article 19 1. All water resource development projects, particularly construction of dams, irrigation schemes, and the diversion of rivers and streams must go through a public consultation process with the people in those locations.

Requirements for public consultations.

Article 20 1. Where water resource development activity must necessarily resettle people, the ministry in charge of that project shall establish an ad-hoc committee comprising representatives of the relevant ministries, the developer and local authorities. The ad-hoc committee shall recommend a resettlement plan and regulations for the project to the GOL for approval…

3. The cost involved in the resettlement of people and compensation must be included in the cost of the water resource development activity. 4. The resettlement must ensure that the people have better living conditions in their new location.

Important provisions covering the issue of resettlement, including the calculation of costs.

Articles 21 & 22 The MAF in coordination with the ministries, WRCC and local authorities shall determine protected and reserved areas, establish rules and regulations, boundaries, prohibited activities and organization responsible for the management of such area. Protected and reserved areas that are important must be submitted to the GOL for approval…

The MCTPC shall, in coordination with the MAF, determine reserved areas in order to ensure water supply to urban areas. The MPH shall, in coordination with the MAF, determine reserved areas in order to ensure water supply to rural areas.

MAF is primarily responsible for determining protected and reserved areas for conservation purposes, including rules and regulations for the effective management of these areas. MCTPC is primarily responsible for urban domestic water supply, while MPH is primarily responsible for rural domestic water supplies.

Article 23 1. STEA is responsible for the management and control of wastewater discharge.

2. The MCTPC is responsible for determining water quality standards of water and treatment methods for wastewater from urban areas that is discharged into the water and other sources.

Though it appears that there is conflicting responsibilities here, STEA is the lead agency for water quality standards and wastewater discharges and coordinates with the relevant ministries as listed.

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3. The MOH is responsible for determining water quality standards for drinking water and wastewater, including methods of treatment of wastewater, related to health activities.4. The MAF is responsible for determining water quality standards for agriculture and its wastewater and also for methods of treatment of-this wastewater. 5. The MIH is responsible for determining water quality standards for industry and handicraft activities and their wastewater and also for methods of treatment of this wastewater.

Article 27 1. The MCTPC shall be responsible for establishing rules and regulations and for implementing measures to prevent and control erosion on riverbanks. 2. The MAF shall be responsible establishing rules and regulations, undertaking management, and implementing other measures to prevent erosion in forest and agricultural land.

Ministries responsible for erosion control.

Article 30 1. All matters related to international cooperation in regard to the exploitation, use, management, protection and development of international water and water resources within the Mekong River Basin are under the control of LNMC and WRCC.

2. All matters related to international cooperation in regard to the exploitation, use, management, protection and development of international water and water resources which are outside the Mekong River Basin are under the control of the WRCC,3. The Ministry of Foreign Affairs (MFA) and the LNMC shall be responsible for the resolution of disputes related to international water and water resources.

Important provisions that clarify the roles of various agencies in relation to international water resources.

PM Decree 67 National Land Management Agency

Article 1 The National Land Management Agency (NLMA) is a central state organization within the organizational structure of Prime Minister's Office and has the role of ensuring the management of land throughout the country.

NLMA is situated within the PM’s office and oversees issues surrounding land management.

Article 2 2.1. To undertake research, develop and implement the guideline policies, strategic plan, laws and regulations, resolutions, decrees, orders, instructions and notifications of the party and Government relating to land management and development of the whole country

NLMA is in charge of drafting policies, strategic plans, laws, etc. in relation to land management and development in the country. NLMA is directly involved with the land classification and

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2.2. To conduct research on policy, draft law to formulate the strategic plan and Master Plan for effective land use and Land development, which are to be submitted to the Government for consideration.

2.3. To undertake land survey, land classification, land boundaries and to formulate protecting and developing land mapping for local, regional and national levels which are to be submitted to government for consideration.

2.4. To coordinate with concerned agencies and local authorities in planning, managing and use Land, environment protection, Land development and controlling land use for all categories of land, based on land use plan to submit to government for approval.

2.5. …The change of purpose of the Land use from one category to other categories…

management.

Article 5 Organizational Structure:

At Central Level. It consists of:

Cabinet, Department of Land Policy, Planning and Land development , Land Department, Department of Land Control, Land Information centre

At Local Level. It consists of :

Land Management Agency of Province/City, Land Management Agency of District/Town , Village Land Unit

Hierarchical structure of the NLMA, from national/central to local.

MAF Reg. 535 Management of Village Forests

Preamble To ensure the management, preservation, rehabilitation, expansion and sustainable use of forestry resources, and to mobilize the active participation of the population and village organizations in the preservation of forests and forest land in line with the policy guidelines of the Government and the spirit of the Forestry Law.

Purpose of the regulation; this regulation sets up a system of forests managed at the village level.

Article 2 Village Forests refer to a forested area delineated after land allocation and handed over by the Government to a village for its management, preservation and planned use for the sustainable development of village forests. Some villages may manage from 2-3 or 5 types of forests and other villages only one type of forest depending on the types of forest existing within the territory of a village, such as, Protected forest, reserve forest, production forest, degraded forest or barren land.

Village forests can include protected forests for watershed management purposes, and should link to the land categorization and management provisions found in the Land Law.

Article 11.7 Rights and Duties of Village Forest Units…Restrict activities negatively affecting forest resources, water sources and the environment.

Village Forest Units have the responsibility to restrict activities that would negatively impact water sources.

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Annex 3 Rules and Regulations Relevant to Watershed Management in Vietnam


9/2004

Document Date Issuing Body Constitution 18 April 1992 National Assembly Law on Forestry 19 August 1991 National Assembly Law on Environmental Protection 27 December 1993 National Assembly Law on Water Resources 20 May 1998 National Assembly Law on Land 26 November 2003 National Assembly Ordinance # 26 on Dykes 24 August 2000 Standing Committee

National Assembly Ordinance #32 on Exploitation and Protection of Irrigation Works

4 April 2001 Standing Committee National Assembly

PM Decision 556 – National Program Creating and Protecting Watershed Protection and Special Use Forests

15 September 1995 Prime Minister

PM Decision 661 – Establishing 5 Million Ha of New Forest 29 July 1998 Prime Minister PM Decision 187 – Reorganization of State Forest Enterprise

16 September 1999 Prime Minister

PM Decision 67 – Establishment of the National Water Resources Council

2000 Prime Minister

PM Decision 08 – Management of Protection, Special Use and Production Forests

11 January 2001 Prime Minister

PM Decision 99 – Organization and Operation of the National Water Resources Council

28 June 2001 Prime Minister

Government Decree 73 – Roles, Duties and Functions of MARD

1 November 1995 Government

Government Decree 179 – Implementation of Law on Water Resources

30 December 1999 Government

Government Decree 163 - Allocation and Lease of Forest Land

16 November 1999 Government

Government Decree 67 – Waste Water Discharges 13 June 2003 Government Government Decree 109 Conservation and Sustainable Development of Wetlands

23 September 2003 Government

MARD Decisions 37, 38 & 39 – Establishing River Basin Planning Commissions (Mekong, Dong Nai and Red-Thai Binh)

9 April 2001 MARD

MARD Decision 93 - Functions, Responsibilities and Organization Dept. of Irrigation

4 September 2003 MARD

MARD Decision 92 – Functions, Responsibilities and Organization of Dept. Of Forest Protection

4 September 2003 MARD

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Rules and Regulations Relevant to Watershed Management in Vietnam

Robert B. Oberndorf, J.D. 9/2004

Document Text Relevance

Constitution Article 11 The citizen exercises his right to mastery at

the grassroots by participating in State and social affairs; he is duty-bound to help protect public property…

Acknowledgement of importance of local participation in State affairs and duty of citizenry to protect public property such as natural resources.

Article 17 The land, forests, rivers and lakes, water supplies, wealth lying underground or coming from the sea…and all other property determined by law as belonging to the State, come under ownership by the entire people.

State land is essentially held in trust for the people by the government. Natural resources are recognized as State property.

Article 18 The State manages all the land in accordance with the plan and the law, and guarantees that its use shall conform to the set objectives and yield cost effective results. The State shall entrust land to organizations and private individuals for stable and lasting use. These organizations and individuals are responsible for the protection, enrichment, rational exploitation and economical use of the land…

Concept that State has oversight of land management issues, but management authority may be delegated to others. Commitment to sustainable use of State property.

Article 29 …All acts to bring about exhaustion of natural wealth and to cause damage to the environment are strictly forbidden.

Prohibition on degradation and exhaustion of natural resources/environment.

Law on Forestry Preamble In order to improve the efficiency of forest

management by the State, to stop deforestation, to increase the sense of responsibility and stimulate all organisations and individuals to protect and develop forest resources for the creation of various benefits from forests, thus contributing to the construction and defence of our country…

Purpose of the Forestry Law

Article 1 As stipulated in this Act, forests comprise: National and man-made forests established on forest land, with all their resources, such as vegetation, wildlife and other national assets found therein, Forest land comprises: 1. Forested land; 2. Non-forest land for which plans have been made for forest plantation, below referred to as forest plantation land.

Definitions of forests and forest lands in Vietnam.

Article 2 The overall management of forest and forest plantation land lies with the State. The State will allocate forests and forest plantation land to organization and individuals hereinafter referred to as forest users for protection, development and utilisation of

The State manages all forest and forest lands, though forests and forest lands can be allocated to individuals and organizations for development, management and protection purposes.

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forests on a long-term and sustainable basis in accordance with State planning documents.

Article 7 1. Protection forests; 2. Special-Use forests; and 3. Production forests. The classification and reclassification of forests shall be determined by competent State authorities.

Classification system for forests in Vietnam. Includes watershed protection forests.

Article 18 In accordance with their functions, responsibilities and rights, the People's Committees at various levels and the forest users shall organise management and protection of the existing forest resource base, prevent and resist damage to the forests, implement various measures for protection, maintenance, and development of forest plant and wildlife resources, regulation of water regimes, soil conservation, and erosion control.

Peoples Committees and those using forest resources have a role to play in watershed management issues in relation to forests and forest lands.

Article 26 Forests are designated as protection forests for the main purposes of protecting watersheds and soils, controlling soil erosion, limiting effects of natural disasters, regulating climate, and contributing to environmental protection. Protection forests are divided into: watershed protection forests; windbreaks and shelter belts against moving sand; forests for protection against sea waves and for coastal expansion; and forests for environmental protection.

Protection forests can be established for the purpose of watershed protection.

Article 28 A Management Board shall be established for each protection forest. The Management Board of the protection forest shall prepare a plan for the management and utilisation of the forests and the forests plantation land and submit it for consideration to competent State authorities. Upon approval, the Board shall implement the plan.

Each watershed protection forest will have a management board that will prepare a plan for the forest in question and implement upon approval from higher authorities.

Article 29 Watershed protection forests shall be consolidated into compact, continuous units consisting of multi-storey forests. While the process of protection, management, and tree planting in protection forests is carried out, collection of forest products and sideline activities must not harm the protective role of the - forests; any exploitation of forest products must precisely follow the management plan for the protection forest approved by the competent State authority and be implemented in accordance with current technical regulations.

Guidelines on watershed protection forests and use of protection forests according to management plans.

Article 45 The Forest Inspectorate is a body specialised The Forest Inspectorate, within the

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in forest management and protection, to be organized into a system under the leadership of the Minister of Forestry and following guidelines on monitoring of activities from local administrative authorities.

Ministry of Forestry, monitors and controls activities related to forests and forest lands. Ministry of Forestry no longer exists, with duties being handed to MARD.

Article 46 The functions of the Forest Inspectorate is to: a) Monitor activities and inspect whether the forest law is implemented preventing all activities violating the forest law; b) Implement management and protection of forests; c) Carry out publicity campaigns motivating people to protect and build up forest resources.

Functions of the Forest Inspectorate.

Law on Environmental Protection

This Law has limited language related to watershed management. Most of the statements in the law are very generalized related to protection of the environment and prohibitions against activities that could harm the environment.

Article 3 The State shall exercise unified management of environmental protection throughout the country, draw up plans for environmental protection, build up capabilities for environmental protection activities at the central and local levels…

Environmental protection by the State occurs at both the central and local levels of government.

Article 12 …The State shall adopt plans to involve organizations and individuals in re-forestation and greening of wastelands and denuded hills and mountains to quickly expand the forest cover and protect the catchment regions of watercourses.

The government recognizes in this law the importance of forest cover for watershed protection purposes.

Article 14 The exploitation of agricultural land, forest land and land for aquaculture must comply with land use plans, land improvement plans and ensure ecological balance.

Interaction of overall activities with land use plans and a commitment to natural resources protection.

Article 15 Organizations and individuals must protect water sources, water supply and drainage systems…

General statement on requirements to protect water resources.

Article 18 Organizations, individuals when constructing, renovating production areas, population centers or economic, scientific, technical, health, cultural, social, security and defense facilities; owners of foreign investment or joint venture projects, and owners of other socio-economic development projects, must submit EIA reports to the State Management Agency for environmental protection for appraisal.

Vietnam adopts EIA requirements for development projects that could have an adverse impact on the environment. EIAs are reviewed by an agency within the Ministry of Natural Resources and Environment (MNRE).

Article 45 The government of Vietnam shall implement all international treaties and conventions

Government of Vietnams commitment to comply with international treaties,

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relating to the environment which it has signed or participated in, honor all international treaties and conventions on environmental protection on the basis of mutual respect for each others independence, sovereignty, territorial integrity and interests.

conventions and agreements that relate to environmental issues.

Article 48 Any dispute between Vietnam and other countries in the field of environmental protection shall be settled on the basis of negotiation, taking into account international laws and practices.

It could be read that international disputes will only be handled through negotiation, and not subject to any international court systems or tribunals.

Law on Water Resources

This Law is very general in its language and does not contain clear guidance on activities, standards, responsibilities of various agencies/ministries, etc. Most important for its general commitment to protection of water resources and mandated creation of the National Water Resources Council (NWRC).

CHAPTER I Articles 1-9

General Provisions This Chapter covers scope and purpose of the Law, key definitions, and other very broad statements on approach taken towards water resources management.

Article 1 1. The water resource comes under the ownership of the entire people under the unified management of the State.2. Organizations and individuals are entitled to exploit and use the water resource for life and production. At the same time they have the responsibility to protect the water resource, prevent, combat and overcome the harmful effect caused by water as prescribed by law.

Water resources are public property managed by the State. The Law balances private use and development of water resources with conservation and sustainable management.

Article 2 1. The water resource as provided for in this Law comprises surface water, rain water, underground water, sea water in the territory of the Socialist Republic of Vietnam. Sea water and underground water within the exclusive economic zone and the continental shelf shall be provided for in other legal documents. Mineral water and natural thermal water shall be provided for by the Law on Minerals 2. This Law regulates the management, protection, exploitation and use of the water resource and the prevention, combat against and overcoming of the harmful effect caused by water.

Scope of the Law. It should be noted that the Law does not cover sea water, underground water in exclusive economic zones, mineral water or natural thermal water.

Article 3 Explanation of Terms: 1. "Water source" designates different forms of accumulation of natural or artificial water which may be exploited or used, including

Some of the key terms contained in the Law that relate directly to watershed management issues. “Water source for living” is a term used

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rivers, streams, canals and rivulets; sea, lakes, lagoons and ponds; underground water storing layers; rain, ice, snow and other forms of water accumulation. 4. "Water for living" is water used for eating, drinking and sanitation of humans. 5. "Water source for living" is the water source that can supply water for living or water that can be processed into clean water economically. 6. "International water source" is the water source from Vietnamese territory flowing onto the territories of other countries or from the territory of other countries flowing into Vietnamese territory or lying on the border between Vietnam and neighboring countries. 11. "Sanitary protection area of the water use zone" is the area adjacent to the water use zone from the water source, which is prescribed for protection in order to prevent and combat the pollution of the water source for living. 13. "Permit on water resource" includes the permit for exploration of underground water; permit for exploitation and use of the water resource; permit for the discharge of waste water into the water source and permit for warranted activities within the perimeter of protection of water conservancy works. 15. "River basin" is the geographical area in which surface and underground water naturally flows into the river. 16. "Zoning of river basin" is the planning of the protection, exploitation and use of the water source, the development of the water resource, the fight against, prevention and overcoming of the harmful effect caused by water in the river basin.

for zoning purposes. The concept of a “Sanitary protection area of the water use zone” is an interesting tool for watershed management, creating what are essentially buffer zones around water sources for protection purposes. Unfortunately the Law does not explain how such a mechanism would be used or implemented. The terms for “River Basin” and “River Basin Zoning” indicate that the Law envisions a river basin zoning mechanism, but it does not describe how such a zoning exercise would take place or what standards are to be used.

Article 5 1. The protection, exploitation and use of water resource, the prevention, combat against and overcoming of the harm caused by water must comply with the zoning of the river basin already ratified by the competent State agency; ensure the systematic character of the river basin and must not lead to severance along the administrative boundary. 2. The protection of water resource, the prevention and fight against deterioration and depletion of the water source must be linked with the protection and development of forests and the reproductive capability of the water

The law sets up a river basin zoning mechanism, but it does not explain how this is to be implemented, who exactly implements, or what standards are to be used. There is a strong link between river basin management and the management of forest resources, construction and maintenance of water conservancy works, and prevention of water pollution.

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source and with the building and protection of water conservancy works, the prevention and combat against pollution of water source and the exploitation and integrated use of the water source in an economical, safe and effective manner.

Article 6 1. The State shall invest in the basic survey of water resource, building the system of observation posts and the system of data information, raising the capacity of forecast about rising water, floods, droughts, salinity infiltration, rise and spill-over of sea water and other harms caused by water.

The State makes a general commitment to surveys and data collection related to water sources management.

Article 9 It is strictly forbidden to undertake acts which cause the deterioration or serious depletion of the water resource, illegally obstruct the circulation of water, sabotage the works for the protection, exploitation and use of water resource, the prevention, combat against and overcoming of the harm caused by water and obstruct the right of all organizations and individuals to exploit and use water resource lawfully.

General statement on prohibitions.


Protecting the Water Resource This Chapter contains very broad statements that various entities must protect water resources, come up with plans for the protection of water resources, and must not degrade water resources. It does not provide any solid guidelines, timelines or standards, nor does it clearly outline roles and responsibilities.

Article 11 The State shall have a plan to protect and develop headwater forests and other forests, build water conservancy projects, restore the deteriorated and depleted water source, encourage organizations and individuals to exploit and use water rationally and economically in order to protect the water resource.

Basic statement that there is to be some sort of planning process in place for activities related to water resources management, but no detail is given on how this is to be carried out.

Article 13 1. In the plan of socio-economic development of the whole country and in each locality, there must be a plan to prevent and fight against water pollution and restore the quality of the polluted water source…

Plans for water pollution control are to be incorporated into national and local socio-economic development plans.

Article 14 1. All organizations and individuals have the duty to carry out measures of environmental sanitation in order to protect the source of water for living. 2. It is forbidden to discharge waste water or to introduce pollution-generated substance into the sanitary protection zones of the living water providing areas. The People's Committees at all levels shall

Provisions related to protecting the water quality of water sources for living and the sanitary protection zones surrounding them. Peoples Committees are responsible for defining the sanitary protection zones around the water sources for living in their localities. No standards or

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define the sanitation protecting zones of the living water providing areas within the locality.

guidelines are provided for this exercise.

Article 17 1. The People's Committees at all levels shall work out plans and organize the implementation of the processing of waste water in urban areas, and concentrated population centers within their localities and ensure the permissible criteria before discharging waste water into the water source.

People Committees in urban areas are in charge of creating plans for waste water control, including enforcing discharge standards.

Article 18 1. Organizations and individuals using water for production, business and other activities must have permission of the competent State agencies when they discharge waste water into the water source.

Permits are required for wastewater discharges, but no guidance is given on who issues the necessary permits and the standards related thereto. Subsidiary legislation is called for to fill this gap.


Exploitation and Use of Water Resources Very basic and general statement on exploitation and use of water resources. Does not describe standards, procedures or responsible agencies.

Article 20 The regulation and distribution of water resource for use purposes must be based on the planning of the river basin and the real potential of the water source and must ensure the principle of fairness, reasonability and priority in the quantity and quality of water for living…

Water use management is based on river basin planning procedures, with water for living taking priority for use. Standards and procedures for river basin planning are not elaborated within this Law.

Article 24 Organizations and individuals that exploit and use water resources must get permission from the competent State agencies…

Exploitation and use of water resources requires necessary permits from the State. Family use of water resources does not require a permit. The Law does not stipulate who issues permits or what the permitting procedures are.

Article 25 The State shall give priority to the exploitation and use of water resource for living purposes… The People's Committees at all levels and the competent State organizations shall have to work out and carry out planning, plans and projects for supply of living water and clean water… Organizations and individuals that are supplied with water for living and clean water shall have to contribute manpower and finance to the exploitation and treatment of water for living and clean water as prescribed by the competent agencies and organizations.

Priority use of water resources is given to living purposes, with planning and execution handled at both the national and local level, though specific agencies are not noted. Contribution costs are expected from users. How these costs are calculated and who collects them is not explained.

Articles 26-31 These articles contain broad statements related to exploitation of water resources for agricultural production, industrial uses, salt production, hydro-electric development, navigation and other uses. The uses are allowed, but

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they may not degrade the water resources. Hydro-electric development must be in compliance with river basin plans and rules on environmental protection.


Preventing, Combating and Overcoming the Consequences of Floods and Other Harmful Effects of Water

Contains very broad and generalized statements relating to flood control, protection of water works and dykes during emergencies, and drought. It does not specify responsible agencies or specific procedures, but only outlines general principals.

CHAPTER V Articles 47-52

Exploitation and Protection of Water Conservancy Works

General statements on the use and protection of water conservancy works such as dykes and other constructions that are not specified or explained. Responsible agencies are duties are not clearly defined.

Article 47 1. Each water conservancy works must be placed under the direct managing, exploitation and protection responsibility of an organization or individual decided by the competent State agency.2. Organizations and individuals that exploit a water conservancy works must conform with the general plan, process, rules and technical standard and other regulations on exploitation of construction works of the investment project ratified by the competent State agency.

Law does not specify what State agency is competent in this area of how general plans are developed. Presumably, subordinate legislation will fill in these details.

Article 50 1. The area of protection of the water conservancy works includes the works itself and the neighboring areas. The definition of the area of the neighborhood must be based on the characteristics of the works, the designing criteria and must ensure safety of the works, the convenience for the operation, repair, maintenance and management of the works. 2. Organizations and individuals that manage and exploit the water conservancy works must determine the area of protection of the water conservancy works and work out the plan to use land of the neighborhood according to the ratified prescriptions of the Government submitted to the competent State agency.

Water conservancy works will have areas of protection surrounding them as determined by those that manage and use the water conservancy works. No standards are provided, nor are those responsible for managing these works clearly identified within the Law.

CHAPTER VI Articles 53-56

International Relations in Water Resource General statements related to the governments compliance with international treaties, negotiation of disputes, protection of national sovereignty. Does not add anything new that does not already exist in the Law on Environmental Protection.

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CHAPTER VII Articles 57-65

State Management of Water Resources General statements on State management of water resources. Gives some direction on roles and responsibilities.

Article 58 The system of organization and the tasks and powers of the State managing agency on water resource under the Ministry of Agriculture and Rural Development and the People's Committee at various levels shall be prescribed by the Government.

MARD is the lead Ministry for directing State management of water resources.

Article 60 -The Ministries, ministerial-level agencies, the agencies attached to the Government shall conduct the basic survey, inventory and evaluation of water resource according to the assignment of responsibilities by the Government. -The Ministry of Agriculture and Rural Development shall synthesize and manage the results of the basic survey, inventory, assess the water resource and build the database on water resource.-The People's Committees of the provinces and cities directly under the Central Government shall organize the conduct of basic survey, inventory and evaluate the water resource in their localities on assignment from the Government and under the guidance of the related Ministries and branches.

Water resources will be surveyed nationwide with input from various ministries and agencies concerned. Basic surveys conducted at local level which feeds into the nationwide survey. MARD responsible for coordinating the information gathering and synthesizing the data in the survey for creating of a nationwide database.

Article 63 The Government shall set up the National Water Resource Council to provide consultancy for the Government in the important decisions on water resource that come under the tasks and powers of the Government.

The National Water Resource Council (NWRC) will be set up by the government. See related legislation below.

Article 64 The agency managing the planning of the river basin is a non business agency of the Ministry of Agriculture and Rural Development. The Government shall make concrete provisions for the organization and activities of the agency managing the planning of the river basin.

An agency within MARD will be designated to be responsible for river basin planning.

CHAPTER VIII Articles 66-69

Specialized Inspection on Water Resources This Chapter outlines the roles and duties of the Specialized Inspector on Water Resources, though it is not clear if this is an agency within MARD or an umbrella inspectorate located within the Government that has oversight over activities of all ministries and agencies involved in water resources management.

Article 66 1. The Specialized Inspector on water resource has the following tasks:a/ To inspect the elaboration and

Outlined roles and duties of the Specialized Inspector on water resources. The Government will issue

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implementation of the general plan, plans and programs of protecting, exploiting and using water resource; preventing, combating and overcoming the harmful effects of water;b/ To inspect the observance of the process, rules and technical norms on the protection, exploitation and use of water resource, protection, combating and overcoming the harmful effects of water.c/ To inspect the issue and revocation of permits on water resource and the observance of permits on water resource;d/ To coordinate with the State Inspector, the specialized Inspectors of the Ministries, branches and localities in the inspection of the observance of the law on water resource and other activities related to water resource.2. To conduct specialized inspection on water resource under the Ministry of Agriculture and Rural Development and discharging the function of specialized inspection on water resource. The Government shall make concrete provisions for the organization and activities of the Specialized Inspector on water resource.

detailed legislation on the delegated responsibilities of this entity. It appears that this Special Inspectorate plays an oversight role over all water resource management activities in the country.

CHAPTER IX Articles 70 & 71

Rewards and Penalties This Chapter makes very basic statements on rewards and incentives for those that do a good job in managing and protecting water resources, and how violations of legislation related to water resources are to be handled. The article on violations does not give good guidance and lacks meaningful detail.

Law on Land Article 1 This Law prescribes the powers and

responsibilities of the State which represents the entire people owner of land and uniformly manages land; the regime of land management and use; the rights and obligations of land users.

Scope of the Law, which establishes a uniform management system for land in Vietnam.

Article 2 The land management and use must comply with the provisions of this Law. In cases where this Law does not provide therefore, the provisions of relevant law shall apply.

Scope of the Law.

Article 7 The State exercises the right of representing the entire-people owner of land and performs the uniform State management over land: 1) The National Assembly promulgates Land Law, decides on land use plans of the whole country. 2) The Government decides on land use plans of the provinces and centrally run cities…exercises the uniform State management over land throughout the

Outline of hierarchical authority in Vietnam as related to Land Management issues. The Ministry of Natural Resources and Environment is the lead ministry responsible for land management and planning in the country.

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country. The Ministry of Natural Resources and Environment is answerable to the Government for the State management over land. 3) The Peoples Councils of all levels exercise the right to supervise the land management and use in thief respective localities. 4) The Peoples Committees of all levels exercise the right to represent the land owner and perform the State management over land in their respective localities according to competence prescribed in this Law.

Article 11 The land use must ensure the following principles: 1) Being in strict accordance with the land use plans, and for the right land purposes; 2) Being economical, efficient, protecting environment and not harming the legitimate interests of land users around…

Basic principals of land use with a heavy emphasis on compliance with adopted land use plans.

Article 13 …land is categorized as follows: 1) Agricultural Land, including land for cultivation of annual crops, land for growing perennial trees, production forest land, protective forest land, special-use forest land, aquaculture land, salt making land… 2) Non-agricultural land including…river, arroyo, canal, trench, stream and special use water surface land… 3) Unused land with no purpose identified.

The Land Law sets up a detailed land categorization system based on use that feeds into the land use planning mechanisms.

Article 21 …land use plans must ensure the following principles: 1) Being compatible with the strategies, overall plans, plans on socio-economic development… 2)Being elaborated from the whole to details; the land use plans of subordinate levels must be compatible with the land use plans of the superior levels; the land use plans must conform to the land use plans already decided on and approved by the competent State agencies; 3) The land use plans of the superior levels must express the land use demands of the subordinate levels; 4) Thrifty and efficient use of land; 5) Rational exploitation of natural resources and environmental protection; …

General principals of land use planning in Vietnam.

Article 76 …1) The protection forest land shall include: -Head-water protection forest land… -Anti-sea tide, sea encroachment protection forest land… 2) The State shall assign the head-water protection forest land to protection-forest managing organizations for management, protection and development of forests. 3) The protection forest-managing

Protection forest land includes head-water protection forest land, which can be managed by households and individuals with oversight from the mandated protection forest managing organization.

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organizations shall contract head-water protection forest land to households and/or individuals living there for protection and development of the forests…

Article 102 1) On the basis of the determined primary use purposes, the river, brook, canal, ditch, stream and special use water surface land shall be managed and used in accordance with the following regulations: a) The State shall assign such land to organizations for management in combination with use, exploitation of special use water surface land for non-agricultural purposes… b) The State shall lease river, brook, canal or stream land with rents collected annually… 2) The exploitation and use of river, brook, canal, ditch, stream and special use water surface land must not affect the set of primary use purposes; must comply with technical regulations of the relevant branches or sectors as well as regulations on protection of scenic places and environment; must not impede the natural flows; must not obstruct waterway navigation.

Waterways and special water surface lands may be leased, but must be used in compliance with relevant rules and regulations.

Ordinance #26 On Dykes

Ordinance contains general provisions on the management of dykes. Within MARD, these responsibilities fall under the Department for Protection of Floods and Storms, and Dike Management.

Article 1 1. This Ordinance provides for the construction, repair, protection, use and maintenance of dykes…

Purpose and scope of the Ordinance.

Article 3 Depending on the socio-economic importance, the defense and security requirements of each region which is protected by dykes from flooding, dykes are classified into special grade, grade I, grade II, grade III and grade IV.

Classification system for dykes is adopted through this ordinance. No standards or specifications for the classification system are provided.

Article 14 The granting of permits to construct, renovate and/or upgrade works, dredge watercourses or exploit sand, gravel, which, though located outside the dyke protection limit, affect the safety of dykes and/or flood drainage, must be agreed upon in writing by the Ministry of Agriculture and Rural Development for dykes of from grade III to special grade, or by the People’s Committees of the provinces or centrally-run cities for dykes of grade IV.

MARD is generally responsible for activities related to dykes from grade III to special grade, while Peoples Committees of Provinces or cities are responsible for activities for dykes of grade IV. See also Articles 13 & 15 for approval of activities related to dykes.

Article 27 …The Ministry of Agriculture and Rural Development shall take responsibility to the Government for exercising the State management over dykes…

MARD is the primary entity responsible for management of dykes. Department of Protection of Floods and Storms and Dyke Protection would

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implement this ordinance through MARD.

Ordinance # 32 Exploitation and Protection of Irrigation Works

Despite the terminology, this ordinance covers all water works and issues surrounding waste water discharges (See Article 2).

Article 1 This Ordinance applies to irrigation works which have been built and put into operation. The exploitation and protection of irrigation works related to dikes, flood and storm prevention works, hydro-electric works as well as water supply and drainage works for urban areas shall have to comply with the provisions of this Ordinance

Scope of Ordinance. Irrigation works is quite expansive.

Article 2 . “Irrigation works” mean infrastructure works built to tap the water’s usefulness; to prevent and combat harms caused by water, protect the environment and balance the ecology, which include: reservoirs, dams, sluices, pumping stations, wells, penstocks, canals, works on canals and embankments of all types.

Expansive definition of “Irrigation Works.” Includes items not usually considered to fit within this terminology.

Article 7 Organizations and individuals consuming water or providing services with water from irrigation works or discharging waste water into irrigation works shall have to pay irrigation charge, water-consuming money and waste water-discharging fee to organizations and individuals directly managing the exploitation and protection of irrigation works according to the provisions of law. 2. The People’s Committees of all levels shall have to direct and inspect the collection and payment of irrigation charge, water-consuming money and waste water-discharging fee in their respective localities.

Those who benefit from “Irrigation Works,” such as agricultural irrigation works, water supply, or those that discharge waste water into irrigation works must pay a fee (user or discharge fee). Fees are collected by the Peoples Committees.

Article 21 1. Organizations and/or individuals directly managing the exploitation and protection of irrigation works shall have to work out plans for the protection thereof and submit them to the competent State management bodies for approval. 2. The competent State management body managing an irrigation work shall have to approve plan on the protection of that irrigation work. The Ministry of Agriculture and Rural Development shall guide the elaboration and approval of plans on the protection of irrigation works.

MARD has primary ministerial responsibility over the management plans for the protection of irrigation works.

Article 30 …2. The Ministry of Agriculture and Rural Development shall take responsibility before the Government for the State management

MARD has primary responsibility over exploitation and protection of “Irrigation Works” while coordinating with other

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over the exploitation and protection of irrigation works. 3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall have to coordinate with the Ministry of Agriculture and Rural Development in exercising the State management over the exploitation and protection of irrigation works as assigned by the Government. 4. The People’s Committees of all levels shall exercise the State management over the exploitation and protection of irrigation works in localities as assigned by the Government.

relevant ministries and agencies, and delegating authority to the Peoples Committees.

PM Decision 556 National Program Watershed Protection and Special Use Forests

Government Program primarily focused on replanting bare hills, with watershed protection forests being multi-use areas and special-use being strict protection. This program is a modification of the previously existing Program 327, but has been superseded by the program to Establish 5 Million Ha found in PM Decision 661(See Below).

Article 1 …The programme aims to develop the capacity of the nation to ensure ecological sustainability, environmental protection and prevention of natural disasters, national security, appropriate land use and to improve standards of living and link household benefits to national development. - Bare hills are re-greened by the specific planting of Watershed protection and special-use forests. Forest restoration through natural regeneration only occurs in optimal conditions-concentrated planting is essential to create contiguous forest areas…

Primary purpose and focus of the program.

Article 2 The Ministry of Forestry, in collaboration with provincial People's Committees, will define areas of watershed protection and special use forest in all provinces throughout the country as follows: Of the total area of 8 million hectares of watershed protection forest, which includes some 4.5 million hectares of natural forest, emphasis will be placed upon the watershed forests of big rivers, national scale hydro-electric and irrigation schemes, crucial coastal forests…and certain concentrated areas of bare hills which hold ecological importance for lowland environments… Every effort will be made from 1996 to 2010 to re-green most of the bare hills designated as watershed protection and special use-forest. An annual average of 250,000 ha is to be planted and regenerated. Essential policies

Heavy emphasis on re-forestation, and focusing on specific key areas where watershed protection forests have already been established. Note: Ministry of Forestry no longer exists, with roles and responsibilities now lying within the MARD.

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for the protection of existing watershed protection and special use forest will be simultaneously implemented.

Article 3 Tree species and planting densities for watershed protection forest can be determined according to mixed planting principles featuring multi-storey forests including indigenous and precious timber species… Or species composition and densities could be determined according to Inter-cropping principles where bands of forest trees are planted alternately with bands of commercial crops, fruit trees, mixed tree/plant crops or grass…

Watershed protection forests can be used for multiple purposes and include inter-cropping schemes. It should be noted that many of the watershed protection forest areas were to be allocated to organizations or individuals for their management and benefit.

Article 8 This paper does not call for any changes to the general direction of renovation of sectors management and organization for existing projects. The functional Ministry and the provincial People's Committee are in charge of reviewing, checking and changing the arrangements of various watershed protection and special use forests taking the district as the basic planning unit. The scale of a protection forest project at the district level ranges from 10,000 to 50,000 hectares. Any district with protection forest areas of more than 50,000 hectares may establish 2 or 3 projects in particular cases. In the case that the total area of protection forest located in separate parcels in different districts is less than 10,000 hectares then a single project shall be set by either one district or the province.

The District is used as the planning unit for watershed protection forests in this program.

Article 9 The forestry and agriculture sectors and the Land Office will supervise the allocation of land and contracting of forest land to householders in watershed Protection and special use forest projects where the land is either forestry land (including any grass strips), land under industrial tree crops, or commercial gardens, in order that households can capitalize on their initial production investment.

The forestry, agriculture and land sectors must carefully coordinate in this program, as there are the obvious elements of forestry, agriculture with intercropping and land due to the allocations involved.

PM Decision 661 Establishing 5 Million Ha New Forest

This PM Decision, along with the government policy that goes with it, recognizes the importance of forests for watershed protection and calls for the establishment of new protection forests for this purpose. This program replaces Program 327 mentioned above in PM Decree 556.

Article 1 Establish five million hectares of new forest Objectives of the Decision that tie

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together with protection of existing forests in order to increase the forest cover to 43% of the national territory, protect the environment, decrease the severity of natural disasters, increase water availability…

directly to watershed management issues.

Article 3 …Two million hectares of protection and special-use forests are to be created, of which one million through assisted natural regeneration forest and one million through planting in combination with fixed cultivation and sedentarisation…

A large portion of the new forests to be established over a 13 year time period will be protection forests, especially protection forests for watershed protection.

Article 5 b) Land in watersheds classified as very essential and essential is to be allocated to the Management Boards for the watershed forests. The Management Boards are subsequently to contract organisations (including forest enterprises), households and individuals for reforestation, management and protection. c) Land in watershed classified as non-essential is to be allocated or leased for protection, plantation of forest trees and agriculture crops, primarily for production of forestry and agricultural products but also in order to protect the land. The procedures for allocation and lease of this land are the same as for production forest.

Watershed protection forest lands will be classified as very essential, essential and non-essential. Very essential and essential areas will be administered by Management Boards for the watershed protection forests.

PM Decision 187 Reorganization of State Forest Enterprise

This Decision covers changes in organization and management of State Forest Enterprises (SFEs). Important with regards to Watershed Protection Management Boards. This change is part of the overall program to establish 5 million ha new forest.

Article 3 SFEs who manage 5,000 ha or more of essential or very essential watershed protection forest (as decided by the Prime Minister or the Chairman of Provincial People’s Committee) or whose land to more than 70% consists of such land, shall be transformed into Protection Forest Management Boards and are to run their activities in accordance with regulations applicable to income-earning administrative economic units.

SFEs managing 5,000 Ha or more of essential or very essential watershed protection forests should have been transformed into Protection Forest Management Boards.

PM Decision 67 Establishment of Water Resources Council

Article 1 The National Water Resources Council will be established to advise the Government on

The National Water Resources Council (NWRC) is a multi-ministerial advisory

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important decisions on water resources within tasks, powers of the Government.

board to the government on water resources management issues.

Article 2 The National Water Resources Council will advise the Government before the Government makes decisions on: 1. Strategies and policies on national water resources, 2. Major river basin plans, 3. Plans for major inter-basin diversions, 4. Projects for protection, exploitation and utilization of water resources and projects for flood control and overcoming the adverse effects caused by water where such projects require Cabinet approval, 5. Management, protection, exploitation and utilization of international water sources and settlement of any disputes, 6. Resolution of conflicts regarding water resources between ministries and branches, between ministries & provinces, cities directly under the central control.

Scope of NWRCs advisory authority. Advisory authority covers policy and legislation, international relations, river basin planning, multi-ministerial coordination, conflict resolution, etc. Creation of this advisory board mandated in Law on Water Resources (Article 63).

PM Decision 08 Management of Protection, Special-Use and Production Forest

This regulation provides detailed management direction for various classifications of forests, including watershed protection forests.

Article 2 Special-use and protection forests shall be under management of the State and be integrated into the national system of special-use and protection forests. All special-use and protection forests shall have their “forest owner” who is to manage the forest in order to reach the objective indicated. The owners are responsible for management, protection, and rational use of the forest resources according to provisions in applicable laws and according to this Regulation.

All watershed protection forests will have an identified “forest owner” who is responsible for managing and protecting the area in question according to law.

Article 3 1. The Prime Minister is to approve the overall plan for forests of all categories and approve key national projects.

2. In cooperation with concerned ministries,

sectors and the People’s Committees of provinces and cities directly under the central level (hereinafter called provincial level), the Ministry of Agriculture and Rural Development is to prepare a plan for the nationwide system of special-use, protection and production forests, and formulate key national projects, submitting them to the Prime Minister for approval.

3. Chairmen of provincial People’s

Hierarchy for planning related to forests, specifically language related to Protection Forests. The People’s Committees at the local level play an important role in protection forest planning processes.

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Committees are to guide technical agencies in their provinces and district People’s Committees in their detailed planning for forests of the three categories in their respective localities as well as in formulation of projects for submission to their immediate supervisors for approval…

For protection forests: Based on the general plan for protection forests approved by the Prime Minister, the Ministry of Agriculture and Rural Development is to guide localities in formulation of projects for protection and development of protection forests and submit them to the Ministry of Agriculture and Rural Development for evaluation. Subsequent to a positive evaluation, Chairmen of provincial People’s Committees are empowered to decide on the establishment of protection forests.

Article 18 …Watershed protection forests regulate water supply to streams and reservoirs so as to limit flooding, reduce erosion, protect the soil and limit the sedimentation of lakes and rivers…

Purpose of watershed protection forests.

Article 19 1. Very essential protection forest areas include watershed areas with steep slopes, located close to rivers and lakes, having a high risk of erosion and a strong demand for water regulation. Very essential protection areas also cover areas with strong movement of sand, coastal areas where land slides are frequent, and areas where sea waves regularly threaten production and livelihood of local people. Forest coverage in these areas must be at least 70%.

2. Essential protection forest areas include

areas with medium levels of slope, medium risk for erosion and medium demand for water regulation as well as areas where the threat of sand movement and sea waves is less than in the case of very essential protection forests. In such cases, forests combining protective and productive functions which cover at least 50% of the total area should be protected or established.

The Ministry of Agriculture and Rural Development will issue specific regulations on criteria for classification of forest areas into very essential and essential protection forests.

Classification of Protection Forests into “Very Essential” and “Essential.” This does not cover the classification of non-essential that is found in Program 327 legislation. Previously classified non-essential protection forest areas are to be reclassified as protection forest or dissolved (See MARD Circular 28 below).

Article 20 1. Depending on the size and importance of a protection forest, a Management Board may be set up. In cases where the forest has a consolidated area of more than 5,000 ha, such a Board is to be set up as

Organizational Structure for managing protection forests. The Management Board concept was found in related legislation, but the

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an income-earning public service unit. The Management Board shall be the forest owner and will receive the corresponding Land Tenure Certificate. The Management Board is responsible for management, protection and development of the forest allocated.

2. For protection forests with an area of

20,000 ha or more, a Forest Inspection Station is to be set up under the authority of the Management Board. In professional matters, this unit is to follow guidance of the provincial Forest Inspection Branch.

3. For protection forests with an area of less

than 5,000 ha (whether they consist of consolidated forests or not), no Management Board is to be established. Instead, the forests shall be allocated to organisations, households and individuals for management, protection and development. Funds for these activities shall be paid from the provincial budget.

concept of the Forest Inspection Station for areas greater than 20,000 ha is new. These provisions modify provisions found in the earlier the Program 327 legislation, since consolidated areas greater than 5,000 ha are now under the management authority of Management Boards that are issued Land Tenure Certificates.

Article 21 Responsibilities and Rights of Management Boards for Protection Forests… … Management Boards shall prepare annual plans of operation and submit them to the competent authorities for approval. Subsequently, they are responsible for implementing the plans…

Article 21 outlines the detailed rights and responsibilities of protection forest Management Boards, including planning provisions, setting up managers for compartments, economic activities, funding, etc.

Article 22 In a protection forest, land with forest cover must be protected while the area without forest cover has to become covered in forest through assisted natural regeneration or planting in order to ensure that the forest meets the following standards: Watershed protection forests must form a contiguous, multi-layered forest with a mixture of species and ages and also have a stable root system. The crown cover must be over 0.6…

Standard requirements for watershed protection forests.

PM Decision 99 Organization and Operation of the National Water Resources Council

Note: Due to the poor quality of translation, modifications were made to the text of the Articles below.

This PM Decision does not add much to the prior Decision from 2000 establishing the Council. It does spell out the duties and responsibilities of the Councils secretariat within MARD, and how that entity interacts with the Department of Water Management and Water Conservation Projects within MARD.

Article 11 The National Water Resources Council has its own Office to assist it in its work based at the

Secretariat for the National Water Resources Council is located within

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Ministry of Agriculture and Rural Development.

MARD.

Article 12 The managerial agency for water resources under the Ministry of Agriculture and Rural Development shall the function as the Office of the National Water Resources Council… The Director of the Department of Water Resources Management and Water Conservancy Projects (under the Ministry of Agriculture and Rural Development) is also Director of the Office of the Council.

The Secretariat shall be the same as the primary agency within MARD for water resources management issues. It appears that the lead agency within MARD that acts as the Council’s Secretariat is the Department of Water Resources Management and Water Conservancy Projects, though it could very well be operating under a different title. The translation for Government Decree on the Roles, Duties and Functions of MARD (see below) mentions the Department of Water Resources Management and Irrigation Systems.

Government Decree 73 Roles, Duties and Functions of MARD

The Government Decree outlines the roles, duties and functions of MARD in important areas such as agriculture, forestry and water resources management. Old Ministry of Forestry was incorporated into MARD.

Article 1 The Ministry of Agriculture and rural Development is a Government agency which performs the role of State management on agriculture, forestry, water resources and rural development.

General statement on responsibilities and duties. Except for nationwide land use planning responsibilities under the Land Law, which are the responsibility of the Ministry of Natural Resources and Environment, most major activities related to watershed management fall within this one ministry.

Article 3 1/ Departments to assist the Minister of Agriculture and Rural Development in exercising State management functions: a) General Department (i) Planning Department (ii) Department for Investment and Basis Construction (iii) Department for Science, Technology and Production Quality (iv) Department for Agriculture and Rural Development Policy (v) InternationalCo-operation Department (vi) Financial and Account Department (vii) Organization and Personnel Department b) Department for Specific State Management (i) Forestry Development Department (ii) Forest Protection Department (iii) Plant Protection Department (iv) Veterinary Department (v) Department for Agriculture and

Organizational Structure of MARD

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Forestry Extension (vi) Department for Agriculture and Forest Product Processing (vii) Department for Water Resources Management and Irrigation System (viii) Department for Protection of Floods and Storms, and Dike Management (ix) Department for Settlement and New Economic Area c) Inspection Department d) Administration Office

Government Decree 179 Implementing Law on Water Resources

This Decree includes restatements of the Law on Water Resources and details for implementation. There is an emphasis is on permitting issues and authority of MARD. It should be noted that detailed penalty provisions for violations will be handled in subordinate legislation.

Article 1 1. This Decree prescribes the management, protection, exploitation and use of the water resources; the discharge of waste water into water sources; the granting of permit(s) related the water resources, as well as the prevention of, combat against and overcoming of harmful effects caused by water. 2. This Decree also defines activities causing sea water pollution; and regulates the planning of construction of projects on the sea such as navigation, water conservancy, aquatic resource works and other works; activities related to the building of sea dikes and seaward encroachment, flood drainage; prevention of and combat against salinity infiltration, tidal rise and overflow; salt making, aquatic and marine product culture and other relevant activities. 3. Regarding the sanctioning of administrative violations in the field of water resources as well as the organizational structure, specific functions, tasks and powers of the agencies in charge of State management over water resources, the Government shall promulgate separate regulations.

Scope of the Decree. Unique to Vietnam due to its geography, much emphasis is given to coastal water resources issues such as salt making, tidal issues, sea dikes, salinity infiltration, etc. As is found in other natural resources legislation in Vietnam, it is not clear how penalty provisions are enforced or fines levied.

Article 3 …The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the Ministry of Planning and Investment, the Ministry of Finance and the concerned ministries and branches in working out plans for use of annual funds for implementation of provisions in Clause 1 of this Article, then submit them to the Prime Minister for decision…

The roles and responsibilities of MARD are clarified within this Decree. MARD has primary responsibility for water resources management. See full text of Article 3 and related articles for detail.

Article 5 …Organizations and individuals that use water in their production, business and/or

Waste water discharges require a permit. Provincial People’s Committees

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scientific research activities, hospitals, urban centers, densely populated areas and other activities, must apply for permits from the competent State management agency(ies)…if they discharge waste water into water sources…Permits for discharge of waste water into water sources shall be valid for from 3 to 5 years… … The Ministry of Agriculture and Rural Development shall grant and withdraw permits for discharge of waste water into water sources and inter-provincial water conservancy work systems…The People’s Committees of the provinces and centrally-run cities shall grant and withdraw permits for discharge of waste water into water sources and water conservancy work systems under the provincial/municipal management; as well as permits for discharge of waste water into water sources and inter-provincial water conservancy work systems under the provincial/municipal management, with written consents of the Ministry of Agriculture and Rural Development;

are responsible for permitting in certain situations with oversight from MARD. Additional rules and regulations need to be promulgated for discharge standards.

Article 6 …permit-granting fee, the waste water discharge fee and the pollution prevention and combat fee shall be used for the management and protection of water resources. The Ministry of Agriculture and Rural Development shall coordinate with the Ministry of Finance in guiding the procedures for collecting, paying, managing and using the waste water discharge fee and the pollution prevention and combat fee, as well as the cases eligible for fee exemption or reduction…

Fees are required for issuance of permits and waste water discharges. MARD coordinates with Ministry of Finance on the issues of collecting and using such fees.

Article 9 a/ The Ministry of Agriculture and Rural Development shall grant and withdraw the following water exploitation and use permits:

• Permits for water exploitation and use, with regard to national important projects already approved by the Prime Minister;

• Permits for underground water exploration and exploitation, with regard to concentrated water exploitation projects with a flow of 1,000 m3/day/night or more;

• Permits for taking surface water for agriculture, industry, mining and daily life with a flow of 2 m3/s or more;

• Permits for exploitation and use of water for electric power generation with an output of 500 kW ore more.

b/ The People’s Committees of the provinces and centrally-run cities shall grant and withdraw the following kinds of water exploitation and use permits:

Permits for water exploitation and use are granted by MARD and provincial People’s Committees. Division of permitting responsibilities based on size and location of use. In addition to the permits for exploitation and use, water use charges are required. MARD is responsible for drafting detailed procedures for issuing and rescinding permits.

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• Permits for exploration and exploitation of underground water, with regard to underground water exploitation projects, with an exploitation flow of less than 1,000 m3/day/night;

• Permits for taking surface water for agricultural and industrial production, mining and daily life with a flow of less than 2 m3/s;

• Permits for exploitation and use of water for electric power generation with an output of less than 500 kW.

c/ The Ministry of Agriculture and Rural Development shall grant permits for exploitation and use of water resources for other purposes in river basins or inter-provincial water conservancy work systems; d/ The People’s Committees of the provinces and centrally-run cities shall grant the permits for exploitation and use of water resources for other purposes in river basins or systems of water conservancy works within localities; grant the permits for exploitation and use of water in river basins and/or inter-provincial water conservancy work systems under the authorization of the Ministry of Agriculture and Rural Development;


State Management of Water Resources This article lays out a laundry list of the various ministries that could have an interest in the decision making processes related to water resources management. MARD is the lead ministry that must coordinate with other concerned ministries and the People’s Committees of provinces and centrally run cities.

Article 17 The agencies managing the river basin zonings defined in Article 64 of the Law on Water Resources are specified as follows: 1. Basing him/herself on the approved list of river basins, the Minister of Agriculture and Rural Development shall decide the establishment and the specific regulation on organization and operation of the agencies to manage the zonings of Red river-Thai Binh river and Mekong river basins; 2. The presidents of the People’s Committees of the provinces and centrally-run cities shall decide the establishment and the regulation on organization and operation of the agencies to manage the river basin zonings with regard to rivers within their respective localities under the guidance of the Ministry of Agriculture and Rural Development.

MARD is responsible for river basin zoning and ultimately decides how the governance structures for this are to be set up. This implementing Decree does not address the issue of standards for river basin zoning or the types of zones that will exist.

Government This Decree outlines the rules related to

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Decree 163 Allocation and Lease of Forest Lands

the allocation of forest lands to organizations, families and individual. Included with this is the allocation of areas classified as watershed protection forest lands.

Article 8 1. The State allocates forest land planned for establishment and development of protection forests to the Management Boards of protection forests in compliance with the corresponding decision of the Prime Minister or Chairman of the provincial People's Committee for management, protection and establishment based on the approved plan.

2. The State allocates forest land planned for establishment and development of less essential watershed protection forest, as well as plots of watershed protection forest which are scattered so that no Management Board can be established; and also other kinds of protection forest land as given in items b, c and d, section 2 of Article 3 of this Decree to other organizations, households and individuals for management, protection and reforestation. They are allowed to harvest the forests under guidance of the Ministry of Agriculture and Rural Development…

Provisions related to allocation of protection forests. As evident in other legislation, these areas are primarily handed over the management boards, though they can be managed by families or individuals if the area is not large enough for a management board (>5,000 ha). See also PM Decision 08 on the management of protection, special use and production forests (Article 20) above.

Article 16 1. The District People's Committees shall determine the allocation and lease of forest land to households and individuals;

2. The provincial level People's Committees

shall determine the allocation and lease of forest land to organizations.

Competent authorities for allocation or lease of State forest lands. MARD has oversight.

Government Decree 67 Waste Water Discharges Article 1

This Decree prescribes the environmental protection charges for waste water; the regime of collection, remittance, management and use of the environmental protection charges for waste water.

This Decree outlines the detailed provisions for the calculation and collection of Waste Water Fees, also commonly referred to as Environmental Protection Waste Water Charges. Of particular interest is the fact that the Ministry of Natural Resources and Environment is responsible for collecting the industrial waste water fees at the provincial office level, while MARD is primarily responsible for permitting issues.

Article 17 The Finance Ministry shall assume the prime responsibility and coordinate with the Ministry of Natural Resources and Environment in guiding the implementation of this Decree.

The implementation of this decree is the responsibility of the Ministry of Finance and Ministry of Natural Resources and Environment. There is no mention of MARD in this decree, which is interesting when compared to other legislative enactments that place MARD

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as the responsible agency for water resources management.

Government Decree 109 Conservation and Sustainable Development of Wetlands

General program designed to survey, classify, manage and protect all wetlands. Balances development and conservation.

Article 2 The Decree prescribes the conservation and sustainable development of wetlands throughout Vietnam…

Scope of Decree, illustrates the countries commitment to the conservation and sustainable use of wetland areas in the country.

Article 4 The conservation and sustainable use of wetlands must comply with the following principles: 1. Those wetlands identified by the State for conservation, must be strictly protected; 2. Wetlands use and extraction must be combined with conservation…priority given to wetlands of high value

High value wetlands for conservation will be identified by the government through the national inventory process


Inventory and Planning of the Conservation and Sustainable Development of Wetlands

This Chapter covers the provisions related to conducting a national inventory and planning process for wetlands.

Article 9 1. The Ministry of Natural Resources and Environment shall develop a master plan on baseline investigation and environmental assessment of wetlands nationwide. 2. The Ministry of Agriculture and Rural Development and the Ministry of Fisheries shall be responsible for their sectoral investigation and research of wetlands of international or national importance…

Respective responsibilities of Ministry of Natural Resources and Environment (MNRE), MARD and Ministry of Fisheries.

Article 11 …Ministry of Natural Resources and Environment shall be primarily responsible for planning the conservation and sustainable development of wetlands…

MNRE takes the lead role in wetlands conservation and development.


Conservation of Wetlands Outlines general principals of conservation of wetlands, including establishment of wetlands protected areas through the Prime Minister.


Sustainable Development of Wetlands Outlines provisions related to agricultural, aquaculture, mining and excavation, tourism, construction and navigation activities that can impact on wetlands.

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MARD Decisions 37, 38 & 39 – Establishing River Basin Planning Commissions Article 1

To establish the [Mekong, Red-Thai Binh, Dong Nai] River Basin Planning Commission (RBPC) to conduct the management and planning for the river basin in compliance with Article 64 of the Law on Water Resources. Specifically: - Preparing, submitting the River Basin Plan for approval, and monitoring the implementation thereof, ensuring the consistent management of river basin plan and administrative area;

- Collaborating with relevant agencies of Ministries, branches, and localities in fundamental surveys, stock-taking, and assessment of water resources of the river basin; in the preparation and submission of plans for tributary rivers under the Mekong river system and monitoring of their implementation;

- Making recommendations on the resolution of conflicts related to water resources in the basin.

- [Mekong River Basin Planning Commission Only] Collaborating with the Standing Office of the Vietnam’s Mekong River Commission to conduct research and make recommendations to the Vietnam’s Mekong River Commission on international cooperation in the management and exploitation of water resources and related resources in the Mekong river basin.

These Decisions establish three separate river basin planning commissions for major river systems within Vietnam.

MARD Decision 93 Functions, Responsibilities and Organization Dept. of Irrigation

Article 1 Department of Irrigation is an agency under direct management of MARD, which is in charge of state management in the irrigation sector nationwide.

General statement that Department of Irrigation is responsible for irrigation matters throughout Vietnam.

Article 2 Department of Irrigation is authorized… to carry out state management in the irrigation sector, i.e. in charge of exploitation, usage, and protection of irrigation works; rural water supply and drainage systems; management of river basins; exploitation, usage and general development of river systems; management of flood/drought prevention and control on nationwide scale… Must submit to Minister strategies, planning, policies, 5-year annual plans…

Details on what activities fit within “irrigation matters” throughout Vietnam. The responsibilities appear to go beyond those that are commonly considered to be in the realm of irrigation. See Ordinance #32 above.

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MARD Decision 92 Functions, Responsibilities and Organization of Dept. Of Forest Protection

This Decision outlines the roles and responsibilities of the Department of Forest Protection.

Article 1 The Forest Protection Bureau is an affiliate agency of the MARD, which exercises State management function over the protection of forest resources, enforcement of forest management laws and regulations, protection of forest, and the management of forestry products in the entire country.

General statement of the responsibilities of this department. There is no language within this legislation dealing directly with watershed protection or watershed protection forests.

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Annex 4 List of Policies and Legislation Reviewed

Kingdom of Cambodia: Policy and Legal Documents Reviewed Policy Documents:

1) Royal Government of Cambodia’s Second Five Year Socio-Economic Development Plan 2001-2005 (2002)

2) Royal Government of Cambodia’s National Poverty Reduction Strategy (2003) 3) Royal Government of Cambodia’s National Forestry Policy (2002) 4) Royal Government of Cambodia’s National Water Resources Policy (2004)

Legal Documents:

1) Constitution (1999) 2) Royal Decree on Watershed Management (1999) 3) Law on Environmental Protection and Natural Resource Management (1996) 4) Commune Administration Law (2001) 5) Land Law (2001) 6) Forestry Law (2002) 7) Sub-Decree on the Organization and Functioning of the Ministry of Environment

(1997) 8) Sub-Decree on Water Pollution Control (1999) 9) Sub-Decree on the Organization and Functioning of the Ministry of Industry, Mines

and Energy (1999) 10) Sub-Decree on Organizing and Functioning of the Ministry of Water Resources and

Meteorology (1999) 11) Sub-Decree on Organization and Functioning of the Ministry of Land Management,

Urbanization and Construction (1999) 12) Sub-Decree on Environmental Impact Assessment (1999) 13) Sub-Decree on the Organization and Functioning of the Ministry of Agriculture,

Forestry and Fisheries (2000)

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Lao PDR: Policy and Legal Documents Reviewed Policy Documents:

1) Government’s Strategic Vision for the Agricultural Sector (1999) 2) Environmental Action Plan 2000-2005 (Section on Water Resources Management

Only – Date Unknown) 3) Ministry of Agriculture and Forestry’s Strategic Vision for Integrated Watershed

Management (2002) 4) Lao PDR’s National Growth and Poverty Eradication Strategy (Section on Integrated

Watershed Management Only – Date Unknown) 5) Forestry Strategy to the Year 2020 of the Lao PDR (2004) 6) Ministry of Health’s National Water Supply and Environmental Health Programme

(2004)

Legal Documents:

1) Constitution (1991) 2) Law on Forestry (1996) 3) Law on Water and Water Resources (1996) 4) Law on Land (1997) 5) Law on Environmental Protection (1999) 6) PM Decree 102 on Implementation of Environmental Law (2001) 7) PM Decree 204 Implementation of Water Resources Law (2001) 8) PM Decree 67 National Land Management Agency (2004) 9) MAF Regulation 535 Management of Village Forests (2001)

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Vietnam: Policy and Legal Documents Reviewed Policy Documents:

1) National Five Million Ha Reforestation Program (2001) 2) Forestry Development Strategy (2001) 3) Comprehensive Poverty Reduction and Growth Strategy (2002)

Legal Documents:

1) Constitution (1992) 2) Law on Forestry (1991) 3) Law on Environmental Protection (1993) 4) Law on Water Resources (1998) 5) Law on Land (2003) 6) Ordinance 26 on Dykes (2000) 7) Ordinance 32 Exploitation and Protection of Irrigation Works (2001) 8) PM Decision 556 Natl. Program Watershed Protection and Special Use Forests

(1995) 9) PM Decision 661 Establishing 5 Million Ha New Forest (1998) 10) PM Decision 187 Reorganization of State Forest Enterprise (1999) 11) PM Decision 67 Establishment of the National Water Resources Council (2000) 12) PM Decision 08 Management of Protection, Special Use and Production Forests

(2001) 13) PM Decision 99 Organization and Operation of the National Water Resources

Council (2001) 14) Government Decree 17 Implementing Law on Forestry (1992) 15) Government Decree 73 Roles, Duties and Functions of MARD (1995) 16) Government Decree 179 Implementing Law on Water Resources (1999) 17) Government Decree 163 Allocation and Lease of Forest Lands (1999) 18) Government Decree 67 Waste Water Charges (2003) 19) Government Decree 109 Conservation and Sustainable Development of Wetlands

(2003) 20) MARD Decisions 37, 38 & 39 – Establishing River Basin Planning Commissions

[Mekong, Dong Nai and Red-Thai Binh] (2001) 21) MARD Decision 93 Functions, Responsibilities & Organization Dept. of Irrigation

(2003) 22) MARD Decision 92 Functions, Responsibilities & Organization Dept. of Forest

Protection (2003)

23) Joint Circular 28 MARD, Ministry of Finance & Ministry of Planning and Investment; Implementing Program to Establish 5 Million Ha New Forest (1999)

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Annex 5 Hierarchy of Legislation Reviewed

Cambodia:

Constitution Law Royal Decree Sub-Decree

Lao PDR:

Constitution Law PM Decree Ministerial Regulation

Vietnam:

Constitution Law Ordinance PM Decision Government Decree Ministerial Decision

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