SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 90/2015/QH13 Hanoi, November 23, 2015 LAW HYDROMETEOROLOGY

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1 NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No. 90/2015/QH13 Hanoi, November 23, 2015 LAW HYDROMETEOROLOGY Pursuant to the Constitution of the Socialist Republic of Vietnam; The National Assembly promulgates the Law on hydrometeorology; Chapter I Article 1. Governing scope GENERAL PROVISIONS This Law stipulates hydrometeorological activities including: Management and operation of station networks; forecasts, warnings; information, data; hydrometeorological services; climate change monitoring; impacts on weather and state administration; rights, responsibility and obligations of agencies, organizations, and individuals involved in hydrometeorological activities; Article 2. Regulated entities This Law applies to Vietnamese agencies, organizations, and individuals; foreign organizations and individuals; international organizations participating in hydrometeorological activities in the territory of the Socialist Republic of Vietnam. Article 3. Interpretation of terms In this Law, some terms are construed as follows: 1. Hydrometeorology is a phrase that commonly refers to meteorology, hydrology, and oceanography. 2. Meteorology refers to the state of the atmosphere, developments of natural phenomena in the atmosphere. 3. Hydrography refers to the state, developments and movement of water on earth. 4. Oceanography refers to the state, developments and movement of the ocean.

2 5. Hydrometeorological monitoring includes observations and systematical measurements of indicators of conditions, phenomena, developments of the atmosphere and water on earth. 6. Weather refers to the state of the atmosphere at a certain point of time determined by meteorological elements and phenomena. 7. Hydrometeorological forecasts mean the provision of information and data about conditions, developments and phenomena of hydrometeorology in the future at a certain area in a specified period of time. 8. Hydrometeorological warnings mean the provision of information and data about possible hydrometeorological hazards that may affect or cause damage to people, properties and environment. 9. Hydrometeorological bulletin means products of organizations and individuals operating in the areas of forecasting, warning, presenting hydrometeorological forecasts and warnings in the form of written formats, data tables, maps, charts, symbols, images and sound. 10. Hydrometeorological natural disasters refer to changeable hydrometeorological phenomena that may cause damage to people, properties, environment, living conditions and socio-economic activities. 11. Climate means compilation of weather conditions in a certain area characterized by longterm statistical quantity of meteorological elements in such area. 12. Climate forecasting refers to the provision of information and data about the state and trends of climate in the future, changes of climatic elements by month, season, year in comparison with average value over years. 13. Climate change refers to a change in climate conditions for a long time by the impacts of natural conditions and human activities, often referred to as global warming, rising sea and an increase in extreme hydrometeorological phenomena. 14. Climate change monitoring refers to a process of collecting information, data; analyzing, assessing and monitoring developments of the climate in a long period of time to determine signs of climate change and its impacts on natural resources, environment, ecosystem, living conditions and socio-economic activities. 15. Climate change scenario refers to scientifically-based and reliable presumptions about climatic trends in the future based on relations between socio-economic activities, greenhouse gas emissions, climate change and rising sea. 16. Hydrometeorological works refer to facilities that meet technical requirements for installation of measurement instruments, hydrometeorological communication equipment.

3 17. Hydrometeorological station means a place chosen based on technical requirements for placement of one or more hydrometeorological works, including: Surface hydrometeorological stations, aerial hydrometeorological stations, weather radar stations, agricultural hydrometeorological stations, hydrological stations, oceanographical stations, rain measuring stations, lightning positioning stations and other stations. 18. Climate change monitoring station means the station chosen among hydrometeorological stations, or separately constructed according to technical standards, national, international standards for observations of climate, atmospheric chemistry composition, sea level. 19. Technical corridor of hydrometeorological works refers to a space on the ground, underground, on water surface, under water required to ensure hydrometeorological works operate in accordance with technical standards, collected hydrometeorological data give objective insights into natural features in the area and are accurate according to national, international standards. 20. Impacts on weather refer to human impacts on physical and chemical processes of the atmosphere through scientific and technological solutions with the aim of preventing and reducing natural disasters or creating a kind of favorable weather in a certain area for a specified period of time to serve socio-economic development, national security and defense activities. 21. Standard climate refers to mean value of hydrometeorological elements over a given period of time, normally 30 years, serving as foundations for assessment of climatic differences between this place and other place, this period to other period. 22. Extreme hydrometeorological phenomena refer to changeable hydrometeorological phenomena in terms of level, time and area of occurrence that may cause damage to people, properties, environment, living conditions and socio-economic activities. 23. Rising sea refers to average rising level of the ocean by impacts of climate change excluding flood-tides, rising water caused by storms and other natural impacts. Article 4. Principles of hydrometeorological operation 1. Hydrometeorological operation generally supports socio-economic development, national security and defense, natural disaster prevention and combat guaranteed by the state budget. 2. Hydrometeorological activities are managed with uniformity across the country. 3. Hydrometeorological monitoring must ensure accuracy, continuity, and uniformity of monitoring results within the country and the world. 4. Hydrometeorological forecasts and warnings should ensure adequate reliability and be communicated, transmitted in a timely, accurate and adequate manner.

4 5. The system receiving and transmitting hydrometeorological information (hereinafter referred to as the receiving and transmitting system') should be guaranteed to operate constantly, with high speed and large coverage. Article 5. State policies on hydrometeorological activities 1. The State shall guarantee resources for the construction, management and operation of national hydrometeorological station networks; hydrometeorological forecasts, warnings; climate change monitoring to serve socio-economic development, national security and defense, natural disaster prevention and combat. 2. Diversify capital investment sources for hydrometeorological activities; encourage organizations, individuals to take part in activities of monitoring, forecasting, warning, scientific research, technology transfers, exploiting and using hydrometeorological information and data; 3. Prioritize investment and construction of private telecommunications networks in accordance with the law on telecommunications and use of national telecommunications networks for receiving and transmitting information and data serving hydrometeorological forecasting and warning, natural disaster prevention and combat; 4. Reinforce propaganda and dissemination of hydrometeorology and climate change; effectively exploit hydrometeorological information, data for production and living activities, and for prevention and combat against natural disasters among communities; ensure gender equality; pay special attention to people living in mountainous, sea, island and socio-economically disadvantaged areas, ethnic minority people and other special subjects to come up with an appropriate way of propaganda; 5. Guarantee satisfaction of demands for lands to facilitate operation of hydrometeorological works in accordance with technical requirements; 6. Reinforce training to human resources working in the area of hydrometeorology; provide policies on attracting or preferential treatment to people performing hydrometeorological duties in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas according to laws; 7. Develop science and technology in hydrometeorology, climate change monitoring; prioritize scientific research, transfer of technology, state-of-the-art equipment, application of high technology to hydrometeorological activities; 8. Reinforce international cooperation in hydrometeorology, climate change monitoring; perform duties as members of international organizations in hydrometeorology and climate change monitoring; Article 6. Dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorological activities

5 1. The Ministry of Natural Resources and Environment shall be responsible for regularly organizing dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change with much importance attached to people living in mountainous, sea, island, ethnic minority and socio-economically disadvantaged areas; construct and organize the implementation of the project on dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology and climate change. 2. Ministries, ministerial-level agencies, Governmental agencies, People s committees at all levels within duties, authority shall be responsible for cooperating with media agencies and directing educational and training institutions under management to organize dissemination and education about laws, propaganda and enhancement of awareness about hydrometeorology, climate change. 3. Vietnamese Fatherland Front Committee and its members organizations, enterprise associations and other social organizations within duties and authority shall be responsible for cooperating with state administration agencies on hydrometeorology in carrying out propaganda, mobilization and instruction to people on participation in the protection of hydrometeorological works, reception, operation and use of hydrometeorological information, data; compliance with the law on hydrometeorology and climate change. Article 7. Communications about hydrometeorological activities 1. Vietnam News Agency, Voice of Vietnam, Vietnam Television and media agencies shall be responsible to: a) Organize communications about hydrometeorological forecasts, warnings, information about climate change according to this Law and the Law on Journalism; b) Cooperate with the Ministry of Natural Resources and Environment, Ministries, sectors and localities in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change; 2. Local radio and television stations shall be responsible to: a) Organize spreading hydrometeorological forecasts, warnings released by national hydrometeorological forecasting and warning system and information about climate change to support natural disaster prevention and combat in localities; b) Cooperate with local hydrometeorology agencies, organizations, relevant units in constructing and spreading radio and television programs, news with the aim of enhancing awareness of the people about hydrometeorology, and effectively exploiting information about hydrometeorological forecasts and warnings, and climate change; Article 8. Prohibited acts

6 1. Take advantage of hydrometeorological activities to cause damage to state interests, lawful rights and interests of organizations, individuals; 2. Transgress space of hydrometeorological works on the ground, underground, on water surface or under water; 3. Violate regulations on technical corridors of hydrometeorological works; 4. Make negative impacts on hydrometeorological works, measurement instruments; 5. Invade hydrometeorological works, measurement instruments, communication equipment, other technical equipment of hydrometeorological works; slam into the works; break and displace benchmarks; 6. Obstruct management and operation of hydrometeorological works; 7. Perform hydrometeorological forecasting and warning activities unlicensed or in opposition to the license issued by competent state agencies; 8. Exploit and use hydrometeorological information, data in opposition to this Law and relevant law provisions; 9. Deliberately violate technical regulations and professional procedures on hydrometeorological activities; 10. Have impacts on the weather without approval by competent state agencies or in opposition to the approved plan; 11. Conceal, fail to supply or deliberately falsify information about hydrometeorology; 12. Act in opposition to regulations on spreading information about hydrometeorological forecasts, warnings; 13. Take advantage of positions, authority of competent persons to act in opposition to the law on hydrometeorology; 14. Take advantage of international cooperation in hydrometeorology and climate change monitoring to commit violations; Chapter II MANAGEMENT, OPERATION OF HYDROMETEOROLOGICAL STATION NETWORK Article 9. Subject matters of management, operation of hydrometeorological station network

7 1. Construction of planning and plan for development of hydrometeorological station network; 2. Hydrometeorological monitoring 3. Hydrometeorological investigation and survey; 4. Management and protection of hydrometeorological works; 5. Management of quality of hydrometeorological measurement instruments; Article 10. Hydrometeorological station network 1. The hydrometeorological station network comprises national hydrometeorological station network and special-purpose hydrometeorological station network. 2. The national hydrometeorological station network comprises hydrometeorological stations and climate change monitoring stations that perform hydrometeorological observation, climate change monitoring in a constant, stable and long-run manner, constructed, managed and operated by the Ministry of Natural Resources and Environment. 3. Special-purpose hydrometeorological station network shall perform hydrometeorological observation for a private purpose organized by Ministries, sectors and localities, established, managed and operated by individuals according to laws. Article 11. National hydrometeorological station network planning 1. Principles of planning: a) Ensure observations reflect happenings in space and time of hydrometeorological elements requiring observations and meeting purposes of operation and use of hydrometeorological information, data; b) Ensure uniformity, advancement, inheritance and conformity with socio-economic development targets and requirements of national security and defense; c) Planning for national hydrometeorological station network should be unified, incorporated to the planning for national natural resources and environment monitoring network, meeting requirements for sharing data among stations, ensuring effective use of the state budget. 2. Foundations for planning: a) Strategy, planning, plan for socio-economic development of the country; strategy for development of meteorology and hydrology branch; national strategy for climate change; national strategy for natural disaster prevention and combat; national strategy for water resources; national strategy for development of information technology and communications;

8 planning for land use at national level; planning for national telecommunications development and other relevant strategies, planning, plans; b) Results of the implementation of strategy for development of meteorology and hydrology branch, national strategy for climate change, planning for national hydrometeorological station network of previous period; c) Scientific and technological advances in observations, measurements and communications about forecasts, warnings, climate change monitoring; 3. Planning period for national hydrometeorological station network is 10 years with a vision to 20 years. 4. Main information of the planning: a) General analysis and assessment of natural conditions, socio-economic and environmental conditions, actual state of hydrometeorological activities, response to climate change; determination of demands for hydrometeorological information, data for socio-economic development, national security and defense, natural disaster prevention and fighting, response to climate change; b) Assessment of performance of the planning for national hydrometeorological station network of previous period; activities of hydrometeorological observation and climate change monitoring; results of the implementation of strategy, planning and plans for development of meteorology and hydrology branch; c) Assessment of changes in space and time to hydrometeorological elements that need observing; d) Determination of density, quantity, position, planning map, list of stations, subject matters of observation of each station belonging to national hydrometeorological station network; dd) Determination of resources, timeframe and measures for implementation of the planning; 5. Responsibility for establishment and approval for the planning: The Ministry of Natural Resources and Environment shall be responsible for establishing and submitting the planning for national hydrometeorological station network to the Prime Minister for approval. 6. Adjustments to the planning: a) The planning for national hydrometeorological station network shall be checked and adjusted every five year or upon pressing requests for socio-economic development, assurance of national security and defense, or when changes to the strategies, planning, plans as prescribed in Point a, Clause 2, this Article have major impacts on content of the planning;

9 b) The Ministry of Natural Resources and Environment shall make submission of the planning to the Prime Minister for adjustments according to Point a, this Clause. 7. The planning for national hydrometeorological station network and adjustments thereto should be assessed prior to approval according to the law on planning; Article 12. Plan for development of special-purpose hydrometeorological station network of ministries, sectors and localities 1. Ministries, sectors and localities shall establish the plan for development of special-purpose hydrometeorological station network if having demands for exploitation and use of hydrometeorological information, data for private purposes. 2. Principles of planning: a) Meet purposes for exploitation and use of hydrometeorological information, data by ministries, sectors and localities; b) Ensure uniformity, advancement, inheritance and compliance with development goals set by ministries, sectors and localities; c) Special-purpose hydrometeorological station network should not duplicate or overlap with national hydrometeorological station network; 3. Foundations for planning: a) Strategies, planning and plans as prescribed in Point a, Clause 2, Article 11 hereof and relevant strategies, planning and plans of ministries, sectors and localities; b) Results of the implementation of national hydrometeorological station network to the time of establishment of the planning; c) Demands for exploitation and use of hydrometeorological information, data for private purposes; 4. The plan for development of special-purpose hydrometeorological station network shall be established at the same time with the construction of the planning, plan for socio-economic development by ministries, sectors and localities, and annually be adjusted, supplemented to meet actual demands; 5. Main information of the planning: a) Determination of demands of ministries, sectors and localities for exploitation and use of hydrometeorological information, data;

10 b) Assessment of capacity of national hydrometeorological station network to meet actual demands for hydrometeorological information, data for private purposes; c) Determination of quantity, position, list of stations; operation time of each station belonging to special-purpose hydrometeorological station network; d) Determination of resources and measures for implementation of the plan; 6. Responsibility for establishment and approval for the plan: a) Ministries, ministerial-level agencies, Governmental agencies, People s committees of provinces shall organize the establishment of the plan for development of special-purpose hydrometeorological station network within management; b) Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People s Committees shall grant approval for special-purpose hydrometeorological station network within competence after a written agreement with the Minister of Natural Resources and Environment has been reached. Article 13. Hydrometeorological monitoring 1. Requirements for hydrometeorological monitoring: a) Monitoring should be carried out with accuracy, continuity and uniformity according to technical regulations and professional processes; b) Result of monitoring should ensure representation, objective reflection of natural conditions, current conditions of hydrometeorological phenomena in the areas where the station is located; c) Monitoring information, data must be examined and assessed for quality. 2. Subject matters of hydrometeorological monitoring: a) Subject matters of hydrometeorological monitoring shall be specifically determined for each hydrometeorological station; b) The Ministry of Natural Resources and Environment shall define details of monitoring for stations belonging to national hydrometeorological station network. c) Ministries, sectors and localities, organizations and individuals shall define subject matters of monitoring for special-purpose hydrometeorological stations within management; 3. Hydrometeorological monitoring by project owners: Any project being affected by or affecting hydrometeorological conditions during the construction, operation which may affect safety, life and properties of communities, the project

11 owner should organize monitoring and supplying information, data as prescribed in Clause 5, this Article. 4. Hydrometeorological monitoring on planes, ships: Encourage owners of planes, ships operating in the territory of the Socialist Republic of Vietnam to carry out hydrometeorological monitoring and report monitoring result to national hydrometeorological forecasting and warning system according to meteorological codes of World meteorological organization (WMO) and International civil aviation organization (ICAO); 5. Hydrometeorological monitoring information, data should be provided to national hydrometeorological forecasting and warning system and national hydrometeorological database. 6. The Government shall detail Clauses 3 and 5, this Article. Article 14. Establishment, movement and dissolution of hydrometeorological stations 1. Establishment of stations belonging to national hydrometeorological station network: a) The Minister of Natural Resources and Environment shall decide the establishment of stations belonging to national hydrometeorological station network according to the planning for national hydrometeorological station network approved by the Prime Minister. b) In special cases, in order to meet requirements of national security and defense, natural disaster prevention and combat, the Ministry of Natural Resources and Environment shall preside over and cooperate with relevant ministries, sectors in making report to the Prime Minister for decisions on the establishment of stations outside the planning for national hydrometeorological station network. 2. Establishment of special-purpose hydrometeorological stations: a) Ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the provincial People s Committees shall make decisions on the establishment of special-purpose hydrometeorological stations according to the plan for development of special-purpose hydrometeorological station network by Ministries, sectors and localities; b) Organizations, individuals may decide the establishment of hydrometeorological stations for their own purposes; c) Competent persons, organizations and individuals as prescribed in Points a, b, this Clause shall be responsible for making notice about the establishment of special-purpose hydrometeorological stations to the Ministry of Natural Resources and Environment and provincial-level state administration agencies where the stations are located. 3. Movement of stations belonging to national hydrometeorological station network:

12 a) Stations belonging to national hydrometeorological station network shall be moved in following cases: Suffer losses caused by natural disasters; matters related to national security and defense; stations within important socio-economic development project; technical corridors seriously invaded or impacts of natural conditions resulting in inadequate technical conditions; monitoring information, data not reflecting natural law and hydrometeorological conditions in the areas where stations are located; New position of stations should meet requirements for monitoring and relevant law provisions. b) Monitoring should be carried out simultaneously at old and new stations to ensure continuity of data chain and uninterrupted provision of information, data to hydrometeorological forecasting and warning tasks, international exchange; c) The Minister of Natural Resources and Environment shall make decision on movement of stations within national hydrometeorological station network. 4. Movement of special-purpose hydrometeorological stations: Movement of special-purpose hydrometeorological stations shall be decided by establishing competent persons, organizations and individuals; a written notice should be delivered to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after movement. 5. Dissolution of hydrometeorological stations: a) Stations belonging to national hydrometeorological station network shall be dissolved in following cases: The stations are no longer in the planning and fail to guarantee technical conditions for monitoring. The Minister of Natural Resources and Environment shall make decision on dissolution of stations within national hydrometeorological station network. b) Special-purpose hydrometeorological stations shall be dissolved in following cases: The stations are no longer in the development plan by ministries, sectors and localities, fail to ensure conditions for conversion into national hydrometeorological, fail to guarantee technical conditions for monitoring; the stations goal has been achieved. Competent persons, organizations and individuals that establish hydrometeorological stations may make decision on the dissolution of hydrometeorological stations. A written notice should be issued to the Ministry of Natural Resources and Environment and relevant provincial-level regulatory agencies after dissolution. Article 15. Technical corridors of hydrometeorological works 1. Technical corridors of hydrometeorological works shall be guaranteed in quality according to technical regulations on hydrometeorology.

13 2. Technical corridors of hydrometeorological works shall be specifically regulated for each type of hydrometeorological work. 3. No activities of construction of high-rise buildings, development of perennial plants, construction of dykes, excavation of river bed or river sides, discharging water... should be carried out within technical corridors of hydrometeorological work. 4. The Government shall detail this Article. Article 16. Protection of hydrometeorological works 1. Subject matters of protection of hydrometeorological works: a) Establishment of records, landmarks, scope of technical corridors and issuance of notifications to People s Committees of communes where the stations are located; b) Protection of technical corridors; prevention of prohibited acts as prescribed in Clauses 2, 3, 4, 5 and 6, Article 8 hereof; c) Execution of measures to prevent, combat and reduce losses caused by natural disasters and other risks; d) Maintenance and repair of the works according to technical regulations and professional processes; 2. Responsibility for protection of hydrometeorological works: a) The Ministry of Natural Resources and Environment shall organize protecting hydrometeorological works within national hydrometeorological station network; b) Ministries, ministerial-level agencies, Governmental agencies, People s committees at all levels, organizations and individuals shall organize organizing hydrometeorological works within management according to this Law and other law provisions; Article 17. Hydrometeorological investigation and survey 1. Requirements for hydrometeorological investigation and survey: a) Investigation and survey of the use of state budget should accord with programs, plans approved by competent authorities; result of investigation and survey should be assessed for quality; b) Monitoring, measurement in investigation and survey should accord with technical regulations and professional processes. 2. Subject matters of hydrometeorological investigation and survey:

14 a) Determination of positions of stations and areas for investigation and survey on mainland or coordinates of stations and areas for investigation and survey on sea; b) Construction of temporary hydrometeorological works serving investigation and survey (if any); c) Observation and measurement of hydrometeorological elements, other relevant elements and topography of survey areas; d) Calculation and restoration of characters and happenings of natural disasters in survey areas; 3. Responsibility for hydrometeorological investigation and survey: a) The Ministry of Natural Resources and Environment shall carry out investigation and survey to supply additional information and data to national hydrometeorological station network or conduct unexpected investigation, survey during or in the aftermath of natural disaster. b) Ministries, sectors, localities, organizations and individuals may carry out investigation and survey for their own purposes. Article 18. Management of quality of hydrometeorological measurement instruments 1. Subject matters of management of quality of hydrometeorological measurement instruments: a) Promulgation of the list of hydrometeorological measurement instruments subject to inspection, calibration; b) Organization of inspection and calibration of hydrometeorological measurement instruments; 2. The Minister of Science and Technology shall promulgate the list of hydrometeorological measurement instruments subject to inspection and calibration as proposed by the Ministry of Natural Resources and Environment. Article 19. Inspection and calibration of hydrometeorological measurement instruments 1. Inspection and calibration of hydrometeorological measurement instruments subject to inspection and calibration should be carried out in accordance with the law on measurements. 2. Hydrometeorological measurement instruments outside the list of measurement instruments subject to inspection, calibration should have documents of origins, technical characteristics in accordance with technical regulations issued by competent state agencies. 3. Inspection and calibration of hydrometeorological measuring instruments shall be carried out by a qualified entity according to the law on measurement. Chapter III

15 HYDROMETEOROLOGICAL FORECASTS, WARNINGS Article 20. Hydrometeorological forecasting and warning activities 1. Collect, process, analyze and store data and information about hydrometeorology, climate change monitoring and relevant information at national, regional and global level; 2. Establish and release hydrometeorological bulletins; 3. Provide hydrometeorological forecasting and warning information; 4. Provide instruction on exploitation of hydrometeorological forecasting and warning information; 5. Assess quality of hydrometeorological forecasts, warnings; Article 21. Requirements for hydrometeorological forecasting and warning 1. Hydrometeorological forecasting and warning should be in compliance with technical regulations, professional processes; 2. Organizations and individuals operating in hydrometeorological forecasting and warning activities shall be responsible for content of hydrometeorological bulletins released. 3. Hydrometeorological forecasts and warnings should be regularly and punctually updated on developments of hydrometeorological phenomena, easily understandable, usable and communicated in Vietnamese language. Article 22. Type and duration of hydrometeorological bulletin 1. Types of hydrometeorological bulletin: a) Weather, hydrographical, oceanographical forecasting bulletins; b) Hydrometeorological bulletins for natural disasters; c) Forecasting bulletins for climate, water sources; d) Forecasting bulletins on special subject on request; dd) Hydrometeorological bulletins according to the international agreements to which Vietnam is a signatory; 2. Duration of hydrometeorological forecasting, warning: a) Extremely short duration;

16 b) Short duration; c) Medium duration; d) Long duration; dd) Other durations; 3. The Minister of Natural Resources and Environment shall detail this Article. Article 23. Subject matters of hydrometeorological forecasting and warning bulletins 1. Unless otherwise as regulated in Clause 2, this Article, subject matters of a hydrometeorological forecasting and warning bulletin shall include actual state and future developments of the subject in accordance with type and duration of forecasting and warning bulletin as prescribed in Article hereof. 2. Subject matters of a hydrometeorological forecasting and warning bulletin for a natural disaster includes type of the natural disaster, its strength, devastation level, coordinates and forecasts about its developments. Article 24. National hydrometeorological forecasting and warning system 1. National hydrometeorological forecasting and warning system is composed of public service providers for hydrometeorological forecasting and warning (hereinafter referred to as public service providers ) at all levels under the management of the Ministry of Natural Resources and Environment. 2. Operating principles of national hydrometeorological forecasting and warning system: a) Subordinate public service providers shall be placed under the management of superior public service providers; b) Subordinate public service providers shall elaborate hydrometeorological bulletins supplied by superior public service providers, releasing hydrometeorological bulletins in the administrative divisions under management; c) Public service providers shall regularly exchange and update information and data to ensure uniformity, adequacy and timeliness of hydrometeorological forecasts and warnings; 3. Responsibility of national hydrometeorological forecasting and warning system: a) Release hydrometeorological bulletins; make forecasts and warnings about hydrometeorological natural disasters across the country;

17 b) Release marine hydrometeorological bulletins as member of World Meteorological Organization; c) Take part in activities of forecasting, warning, and exchanging hydrometeorological forecasts, warnings with forecasting, warning agencies, organizations from other countries in the world according to laws; d) Receive domestic and overseas hydrometeorological information, data from international organizations; transmit overseas hydrometeorological information, data in Vietnam according to the international agreements to which the Socialist Republic of Vietnam is a signatory; dd) Supply and provide instruction on the use of hydrometeorological forecasting, warning information, data and products to agencies, organizations as prescribed in Clause 1, Article 27 hereof; e) Construct radio and TV programs to deliver hydrometeorological forecasting and warning information to communities in a timely and adequate manner according to this Law and the law on journalism; g) Comply and regularly update technical regulations, professional processes, regulations on hydrometeorological forecasting and warning; h) Assess quality of hydrometeorological forecasts, warnings; i) Store hydrometeorological forecasts and warnings in the form of information and data; Article 25. Hydrometeorological forecasts and warnings provided by organizations or individuals outside national hydrometeorological forecasting and warning system 1. Organizations and individuals performing hydrometeorological forecasting and warning should meet the requirements and obtain the license granted by competent state management agencies. 2. Organizations or individuals performing hydrometeorological forecasting and warning shall have rights and obligations as prescribed in Article 40 hereof. 3. Requirements for organizations and individuals to perform hydrometeorological forecasting and warning: a) Have appropriate material and technical bases; b) Have appropriate legal capacity and human resources (in case of organizations) c) Have appropriate professional qualifications and experience in the area (in case of individuals);

18 4. Requirements for foreign organizations and individuals to perform hydrometeorological forecasting and warning in Vietnam: a) Meet requirements as prescribed in Clause 3, this Article; b) Currently work and legally reside in Vietnam; c) Have Vietnamese-speaking personnel or appropriate interpreters; 5. Authority to issue, extend, suspend and revoke license for hydrometeorological forecasting and warning operation (hereinafter referred to as license ): a) The Minister of Natural Resources and Environment shall implement issuance, extension, suspension or revocation of licenses for organizations or individuals that perform hydrometeorological forecasting and warning in the area covering at least two central-affiliated cities and provinces or in other central-affiliated cities and provinces where organizations are headquartered or individuals reside; foreign organizations, individuals performing hydrometeorological forecasting and warning in Vietnam; b) Presidents of the provincial People s Committees shall implement issuance, extension, suspension or revocation of licenses for organizations or individuals that perform hydrometeorological forecasting and warning within locality. 6. Validity period of the license is five years to the maximum. Organizations or individuals performing hydrometeorological forecasting and warning that violates the law on hydrometeorology or fails to meet requirements as prescribed in Clauses 3 or 4, this Article, depending on nature and severity of the violations, may be temporarily suspended or stripped of the license. 7. The Government shall detail this Article. Article 26. Communication of hydrometeorological forecasting and warning bulletins 1. Communication of hydrometeorological forecasting and warning information is instructed in the law on natural disaster prevention and combat. 2. In case communication of hydrometeorological forecasting and warning information is aimed at ethnic minorities, the language of communication should be appropriately adapted. Article 27. Use of hydrometeorological forecasting and warning bulletins 1. Steering agencies for natural disaster prevention and combat, search and rescue, Vietnam News Agency, Voice of Vietnam, Vietnam Television, agencies tasked with implementing the International Agreement on hydrometeorology, climate change of which Vietnam is a signatory

19 should use hydrometeorological forecasting and warning information issued by national hydrometeorological forecasting and warning system. 2. Agencies, organizations, and individuals performing natural disaster prevention and combat should use latest natural disaster forecasting and warning bulletins released by national hydrometeorological forecasting and warning system. Article 28. Management of hydrometeorological forecasting and warning activities 1. Subject matters of management of hydrometeorological forecasting and warning activities: a) Establish and promulgate technical regulations, professional processes and regulations on hydrometeorological forecasting and warning within competence or make the submission to competent authorities for promulgation; b) Inspect, supervise and assess quality of hydrometeorological forecasts, warnings; c) Conduct scientific and technological research, apply technical advances to hydrometeorological forecasting and warning activities; d) Supply and exchange hydrometeorological information, data with other countries, international organizations according to laws; 2. National hydrometeorological forecasting and warning system, organizations and individuals performing hydrometeorological forecasting and warning activities shall be responsible for complying with regulations as prescribed in Clause 1, this Article. Chapter IV HYDROMETEOROLOGICAL INFORMATION AND DATA Article 29. Hydrometeorological information and data 1. Data and information from observations, investigations and surveys of hydrometeorology, air and water environment; 2. Hydrometeorological information, data collected from other countries, international organizations; 3. Charts, maps, satellite images; films, pictures; 4. Hydrometeorological forecasting and warning bulletins; announcements of hydrometeorological situations; 5. Technical documents of hydrometeorological stations, works and measuring instruments;

20 6. Applications for issuance, extension, suspension and revocation of licenses; 7. Findings of scientific research, programs and projects on hydrometeorology; plans and results of implementation of impacts on weather; 8. Legislative documents, technical instructions on hydrometeorology; Article 30. Storage of hydrometeorological information and data 1. Hydrometeorological information and data should be stored and protected for a long time. 2. Storage of hydrometeorological information, data is instructed in the law on archives. 3. Hydrometeorological information, data as prescribed in Clauses 1, 2 and 3, Article 29 hereof should be inspected, classified and assessed for quality before storage. 4. Hydrometeorological information, data of state secrets should be protected according to the law on protection of state secrets. 5. The Ministry of Natural Resources and Environment shall organize storage and protection of hydrometeorological information, data according to laws. Article 31. National hydrometeorological database 1. National hydrometeorological database is a uniform collection of all information, data as prescribed in Article 29, Clause 2, Article 34 hereof across the country, being standardized according to national standards, digitalized for updating, management and exploitation via information technology system. 2. The Minister of Natural Resources and Environment shall stipulate dataset, data standards; organize construction and management of national hydrometeorological database; Article 32. Use of hydrometeorological information and data 1. Agencies, organizations, and individuals may use national hydrometeorological database according to this law and relevant law provisions. 2. Hydrometeorological information, data used in programs, planning, plans and socio-economic development projects should have clear origins, supplied and confirmed by agencies, organizations, and individuals as prescribed in Article 39 hereof, or supplied by national hydrometeorological database. 3. Regulatory agencies shall be responsible for investigating and examining origins of hydrometeorological information, data as prescribed in Clause 2, this Article when implementing inspection and assessment of programs, planning, plans and socio-economic development projects using hydrometeorological information, data.

21 4. Agencies, organizations, and individuals who need to exploit hydrometeorological information, data should pay fees according to laws except for cases as prescribed in Clause 5, this Article. 5. Regulatory agencies that exploit hydrometeorological information, data for following purposes shall not pay fees: a) Making public announcements on mass media not for profits; b) Serving natural disaster prevention and combat, ensuring protection of national security and defense; c) Exchanging information with other countries, international organizations according to the international agreements to which the Socialist Republic of Vietnam is a signatory; d) Other purposes at the request of competent state agencies; 6. The Government shall detail this Article. Chapter V CLIMATE CHANGE MONITORING Article 33. Subject matters of climate change monitoring 1. Establish, manage and exploit climate change monitoring stations and database; 2. Collect hydrometeorological information, data monitored at national hydrometeorological station network, special-purpose hydrometeorological station network and relevant information, data; 3. Establish national climate standards; 4. Analyze, assess and follow up signs of climate change; 5. Assess impacts of climate change on natural disasters, natural resources, environment, ecosystem, living conditions, socio-economic activities; assess measures to adapt to and ease climate change on socio-economic development; 6. Assess national climate; 7. Establish climate change scenario; 8. The Minister of Natural Resources and Environment shall detail Clauses 5 and 6, this Article. Article 34. Climate change monitoring database

22 1. Climate change monitoring database is a uniform collection of information, data concerning climate change monitoring and a component of national hydrometeorological database. 2. Climate change monitoring information, data: a) Past and present hydrometeorological information, data monitored at national hydrometeorological station network, special-purpose hydrometeorological station network; b) Information and data about impacts of natural disasters and climate change on natural resources, environment, ecosystem, living conditions and socio-economic activities; c) Information and data about greenhouse gas emission and related socio-economic activities; d) Information and data about ozone layers, protection of ozone layers and management of ozone-depleting substance; dd) Establish national climate standards; c) Results of national climate assessment; g) Climate change scenario over periods; h) Technical documents of climate change monitoring stations; i) Findings of scientific research; programs and projects on climate change monitoring; k) Legislative documents, technical instructions on climate change monitoring; 3. Information, data about climate change monitoring are stored, exploited and used according to Articles 30, 32 hereof; Article 35. National climate assessment 1. Subject matters of national climate assessment: a) Actual state of climate in Vietnam to the end of assessment period; b) Climate fluctuations and climate change in Vietnam compared with history, previous assessment period and national and global climate standards; c) Impacts of climate and climate change on natural resources, environment, ecosystem, living conditions and socio-economic activities; d) Results of responding to climate change;

23 dd) Level of suitability of climate change scenarios, use of climate change scenarios in activities of responding to climate change; e) Other relevant matters; 2. National climate assessment period is 10 years and may be adjusted or supplemented if need be. Article 36. Climate change scenario 1. Subject matters of climate change scenarios: a) Announcements made by Intergovernmental Panel on Climate Change (IPCC) and Vietnam s assessment reports about signs of climate change in the region and the world; b) Signs of climate change in Vietnam; c) Results of assessment of climate change scenarios of previous periods; d) Changes of temperature, rainfall, humidity, rising sea and other hydrometeorological elements in Vietnam in the future according to presumptions; e) Other relevant matters; 2. The period of establishing and announcing climate change is five years and may be updated, adjusted or supplemented if necessary. Article 37. Integration of results of climate change monitoring into strategy, planning, plan 1. Subject matters: a) Using hydrometeorological, climate change monitoring information, data to assess natural conditions, environment in the area for which the strategy, planning, plan is made; b) Using results of analysis and assessment of signs of climate change and its impacts on natural disasters, natural resources, environment, ecosystem, living conditions, socio-economic activities and interdisciplinary, interregional matters to determine long-term goals of the strategy, planning and plan; c) Using results of analysis and assessment of measures of responding to climate change to determine socio-economic targets of the strategy, planning and plan; 2. The strategy, planning and plan belonging to the list subject to strategic environment assessment should integrate with results of climate change monitoring and responding to climate change as prescribed hereof and the law on environmental protection.

24 3. Assessment of integration: The assessment of integration of results of climate change monitoring into the strategy, planning and plan should be carried out simultaneously with the assessment of strategic environment assessment report according to the law on environmental protection. Chapter VI HYDROMETEOROLOGICAL SERVICES Article 38. Subject matters of hydrometeorological services 1. Hydrometeorological services are public services not for profits, including: a) Supplying hydrometeorological information, data, climate change monitoring, climate change scenarios, hydrometeorological forecasting and warning bulletins to state agencies and organizations serving the establishment of the strategy, planning and plan for socio-economic development, guaranteeing national security and defense; b) Supplying hydrometeorological forecasting and warning information serving natural disaster prevention and combat, search and rescue operation; c) Supplying hydrometeorological forecasting and warning bulletins to media agencies serving the communities not for profits; d) Supplying hydrometeorological information, data, forecasting and warning bulletins to other countries, international organizations according to the international agreements to which Vietnam is a signatory; dd) Other hydrometeorological activities at the request of competent state agencies; 2. Hydrometeorological services are paid activities on the basis of an agreement between the service supplier and service user, including: a) Supplying hydrometeorological, climate change monitoring information, data, hydrometeorological bulletins on request outside the cases as prescribed in Clause 1, this Article; b) Construct and supply products of information and communications about hydrometeorology and climate change; c) Providing instructions on use of information and data, and application of findings of scientific and technological research about hydrometeorological and climate change monitoring; d) Transferring findings of scientific and technological research (not using state budget) about hydrometeorological, climate change monitoring;