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THE MINISTRY OF AGRICULTURE AND ENVIRONMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIET NAM |
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No. 08/2026/TT-BNNMT |
Hanoi, January 26, 2026 |
ELABORATING SOME ARTICLES OF THE LAW ON IRRIGATION
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Organization of Local Governments No. 72/2025/QH15;
Pursuant to the Law on Irrigation No. 08/2017/QH14, as amended by the Law No. 35/2018/QH14, the Law No. 59/2020/QH14, the Law No. 72/2020/QH14, the Law No. 16/2023/QH15, the Law No. 28/2023/QH15, the Law No. 54/2024/QH15 and the Law No. 146/2025/QH15;
Pursuant to the Government’s Decree No. 35/2025/ND-CP dated February 25, 2025 defining functions, tasks, authority and organizational structure of the Ministry of Agriculture and Environment of Vietnam;
At the request of the Director General of the Department of Hydraulic Works Management and Construction;
The Minister of Agriculture and Environment of Vietnam promulgates a Circular elaborating some Articles of the Law on Irrigation.
1. This Circular provides for formulation, promulgation, and implementation of operational procedures for irrigation works; determination of delivery and acceptance points for irrigation products and services; conduct of irrigation baseline surveys; placement of boundary markers for delineating protection zones of irrigation works; management and operation of small-scale and on-farm irrigation systems; transfer and revocation of rights to manage and operate state-funded small-scale and on-farm irrigation works.
2. Technical operational procedures for irrigation works which form part of technical design documentation, as prescribed by the law on construction, shall be excluded from the scope of application of this Circular.
For the purposes of this Circular, the terms used herein shall be construed as follows:
1. Operational procedures for irrigation works (hereinafter referred to as “operational procedures”) means a document prescribing the principles, responsibilities, implementation arrangements, and operational sequence for irrigation works within an irrigation system, ensuring the safe operation of such irrigation system in conformity with its design functions, and in line with water availability conditions, and promoting efficient and economic water distribution while balancing the interests of different water users.
2. Boundary markers for delineating the protection zone of an irrigation work (hereinafter referred to as “boundary markers”) means markers placed to delineate the boundary between the protection zone of an irrigation work and the area lying outside such zone.
3. Reference marker means an existing or newly placed marker used for replacing a boundary marker in cases where placement of such boundary marker is impossible in accordance with applicable regulations.
4. Precautionary water release means the operation of an irrigation work to release or drain a certain volume of water in advance of forecasted heavy rainfall which may cause flooding or waterlogging.
5. Submerged canal means an open-channel waterway whose design water level is lower than the average natural ground level of the surrounding area, and which is excavated below the natural ground during construction.
6. Irrigation baseline survey means a survey conducted to collect information and data on irrigation operations to support sectoral statistics, management decision-making, formulation of policies, strategies, plannings, plans, and directives, as well as scientific research.
OPERATIONAL PROCEDURES FOR IRRIGATION WORKS WITHIN AN IRRIGATION SYSTEM
Article 3. Requirements for operational procedures
1. Ensure the safety of irrigation works during operation, as well as the safety of people and property in the surrounding area.
2. Ensure the provision of irrigation products and services according to the design functions of each irrigation work.
3. Comply with reservoir or inter-reservoir operational procedures approved by competent regulatory authorities.
4. Ensure a balanced distribution of benefits and minimize adverse impacts on related areas; promote the efficiency of integrated operation and the multipurpose use of irrigation works.
5. Ensure transparency and public participation of organizations and individuals in the provision and use of irrigation products and services.
Article 4. Contents of operational procedures for especially important, large-scale and medium-scale irrigation works
1. Legal grounds for formulating the operational procedures, operating principles, key technical parameters, and functions of the irrigation work.
2. Regulations on irrigation and water supply:
a) Operational sequence for irrigation and supply of water under normal conditions when water sources meet the design functions;
b) Operational sequence for irrigation and supply of water under conditions of drought, water scarcity, salinity intrusion, or water pollution, according to the principles set out in points a, b, c clause 2 Article 26 of the Law on Irrigation.
3. Regulations on drainage and water discharge:
a) Operational sequence for drainage and water discharge, including water levels and flow rates, under normal conditions, according to the design functions;
b) Operational sequence for drainage and water discharge, including water levels and flow rates, under conditions of flood, inundation, or waterlogging, according to the principles set out in points a, d clause 2 Article 26 of the Law on Irrigation.
4. Provisions on the operational sequence for irrigation works under conditions of flood control and flood diversion, tidal surge regulation, controlled saltwater intake, prevention and mitigation of salinity intrusion, salinity flushing, salinity leaching, leaching of acid sulfate soils, freshwater retention, and water quality improvement.
5. Provisions on the operational sequence for irrigation works in the event of risks of incidents, during incident conditions, and in other exceptional circumstances.
6. Provisions on the location of monitoring stations; monitoring regimes and operational parameters related to the operation of irrigation works; and the management and archiving of hydro-meteorological observation data and records.
7. Provisions on determination of the responsibilities and rights of organizations and individuals involved in the implementation of the operational procedures.
8. Provisions on implementation organization, including cases requiring amendment of the operational procedures.
9. Detailed contents of the operational procedures are set out in Form No. 02 in Appendix I enclosed herewith.
Article 5. Contents of operational procedures for small-scale irrigation works
1. Provisions on operation of the irrigation works for irrigation and water supply under normal conditions when water sources meet design functions; operation of the irrigation works for irrigation and water supply under conditions of drought, water scarcity, or salinity intrusion.
2. Provisions on operation of the irrigation works for drainage and water discharge under normal conditions according to the design functions; operation of the irrigation works for drainage and water discharge under conditions of flood, inundation, or waterlogging.
3. Provisions on operation of the irrigation works in the event of risks of incidents and during incident conditions.
4. Provisions on determination of the responsibilities and rights of organizations and individuals engaged in the management and operation of irrigation works in implementing the operational procedures.
5. Detailed contents of the operational procedures are set out in Form No. 03 in Appendix I enclosed herewith.
Article 6. Formulation of operational procedures
1. For especially important, large-scale and medium-scale irrigation works:
a) Proposal for the formulation of the operational procedures:
For newly constructed or upgraded irrigation works, the investor shall propose the formulation of the operational procedures during the project preparation stage;
For irrigation works already in operation that do not yet have operational procedures or whose operational procedures are no longer appropriate, the organization responsible for the management and operation of the irrigation works shall propose the formulation of the operational procedures as part of its production and business plan;
b) The sequence and authority to formulate, appraise, and approve tasks and cost estimates, and select consultants for the formulation of the operational procedures shall comply with regulations on sequence and authority to formulate, appraise, and approve tasks and cost estimates, and select consultants for formulation of construction investment projects;
c) Organization of the formulation of the operational procedures;
d) Solicitation of comments from the operator of the irrigation works, and relevant authorities and organizations on the draft operational procedures;
dd) Appraisal of the operational procedure;
e) Submission for approval and approval of the operational procedures.
2. For small-scale irrigation works, organizations and individuals directly managing and operating such works shall formulate the operational procedures in accordance with provisions of Article 5 and Form No. 03 in Appendix I enclosed herewith.
Article 7. Appraisal of operational procedures for especially important, large-scale, and medium-scale irrigation works
1. Application for appraisal of operational procedures:
One (01) set of application documents for approval of the operational procedures shall be submitted directly at the Single-window section; online through the National public service portal, or by post to the receiving section specified in clause 3 of this Article. Such application includes:
a) An application form for approval for the operational procedures made using the Form No. 04 in Appendix I enclosed herewith;
b) The draft operating procedures for the irrigation works, formulated using Form No. 02 in Appendix I enclosed herewith;
c) The technical report, including all calculations and analyses;
d) Written opinions from the operator of the irrigation works, and relevant authorities and organizations;
dd) The map or drawing showing the current status of the irrigation works.
2. Contents of appraisal:
a) Review the legal grounds, the necessity for the formulation of the operational procedures, and the completeness of the submitted documents;
b) Examine and evaluate the reliability of the documents used in technical calculations and the results of operational scenarios;
c) Solicit comments from relevant authorities and organizations.
The Department of Hydraulic Works Management and Construction shall be responsible for soliciting comments from the Provincial-level People’s Committees and other relevant authorities on the draft operational procedures for especially important irrigation works, and for irrigation works whose operation and protection involve 02 or more provincial-level administrative units.
Each Provincial-level Department of Agriculture and Environment shall be responsible for soliciting comments from Commune-level People’s Committees and other relevant authorities on the draft operational procedures subject to the approval of the Chairperson of the relevant Provincial-level People’s Committee.
A commune-level specialized agency responsible for state management of agriculture and environment shall be responsible for soliciting comments from local organizations, individuals, and authorities on the draft operational procedures subject to the approval of the Chairperson of the relevant Commune-level People’s Committee.
d) Review and evaluate the rationality and feasibility of the draft operational procedures.
3. Authorities competent to appraise operational procedures:
a) The Department of Hydraulic Works Management and Construction shall be responsible for receiving applications and organizing the appraisal of operational procedures subject to the approval of the Minister of Agriculture and Environment of Vietnam.
b) Each Provincial-level Department of Agriculture and Environment shall be responsible for receiving applications and organizing the appraisal of operational procedures subject to the approval of the Chairperson of the relevant Provincial-level People’s Committee.
c) A commune-level specialized agency responsible for state management of agriculture and environment shall be responsible for receiving applications and organizing the appraisal of operational procedures subject to the approval of the Chairperson of the relevant Commune-level People’s Committee.
4. Appraisal procedures:
a) The receiving authority shall immediately give a response regarding the completeness of the application submitted directly; for an application submitted online or by post that is deemed incomplete, a written response shall be given within 01 working day. If an application is received after 16:00 hrs, such response shall be given on the following working day;
b) Within 20 working days from the receipt of a complete and valid application, the receiving authority shall appraise the operational procedures and submit the appraisal report to the competent authority for approval. If the application is deemed unsatisfactory, the receiving authority shall give a written notice and return the application to the applicant for modification or completion.
5. For newly constructed or upgraded irrigation works, the investor shall formulate operational procedures in accordance with the procedures and sequence specified in Article 6 and clauses 1, 2, 3, and 4 of this Article.
1. An Appraisal Council shall be established for the appraisal of operational procedures for especially important irrigation works, large-scale irrigation works, and irrigation works whose operation and protection involve 02 or more provincial-level administrative units.
2. The Appraisal Council shall be established according to a decision issued by the authority competent to approve the operational procedures. The Appraisal Council shall comprise no fewer than 07 and no more than 11 members, depending on the nature of each irrigation work, as decided by the approving authority. The Appraisal Council shall include a Chairperson, one or more Deputy Chairpersons, a Secretary, reviewing members, and other members who are representatives of the appraising authority, local specialized agencies, the organization responsible for management and operation of the irrigation works, and relevant experts.
3. The Appraisal Council shall operate on a collective basis, adopt decisions by majority, and shall be dissolved upon completion of its assigned tasks.
4. The Appraisal Council shall provide advice for the appraising authority on the matters related to the operational procedures.
Article 9. Authorities competent to approve operational procedures
1. The Minister of Agriculture and Environment shall consider approving the operational procedures for especially important irrigation works and irrigation works whose operation and protection involve 02 or more provincial-level administrative units.
2. The Chairperson of a Provincial-level People’s Committee shall consider approving, or decentralize the authority to the Chairperson of a Commune-level People’s Committee to consider approving, the operational procedures for the local irrigation works, except for those specified in clause 1 of this Article and small-scale irrigation works.
3. A decision on approval of operational procedures shall be issued using Form No. 01 in Appendix I enclosed herewith.
Article 10. Amendment of operational procedures
1. The operational procedures shall be amended where there are changes in water demand, water sources, scale, or functions of the irrigation works.
2. The contents, sequence, and procedures for amendment of the operational procedures for irrigation works shall comply with the provisions of Articles 3, 3, 4, 5, 6, 7 and 8 of this Circular.
Article 11. Disclosure of operational procedures
1. The approved operational procedures and their appendices shall be sent to relevant authorities immediately after a decision on approval of such operational procedures is issued.
2. For especially important, large-scale, and medium-scale irrigation works, the approved operational procedures shall be published on the web portals or official websites of the approving authority, the appraising authority, the managing entity, and the organizations or individuals responsible for operation of the irrigation works.
3. For small-scale irrigation works, the approved operational procedures shall be publicly posted at the head office of the operating organization, the headworks, and the offices of the Commune-level People’s Committees involved in the operation of the irrigation works.
Article 12. Implementation of operational procedures
1. Organizations and individuals responsible for the operation of irrigation works shall operate such works in accordance with the approved operational procedures.
2. All operational activities shall be recorded in the operation logbook of the irrigation works.
3. Organizations operating irrigation works shall report operational results to the entity managing the irrigation works no later than 31 March each year.
4. After 05 years of implementation of the operational procedures, the organization operating irrigation works shall conduct a review and evaluation of implementation results and submit reports to the owner/entity managing the irrigation works. Each Provincial-level Department of Agriculture and Environment shall prepare and submit a consolidated report on the implementation of operational procedures for local irrigation works to the Department of Hydraulic Works Management and Construction.
5. Reports on operational results shall be prepared using Form No. 06 and Form No. 07 in Appendix I enclosed herewith.
Article 13. Funding for formulation and amendment of operational procedures
1. Funding for the formulation and amendment of operational procedures for newly constructed or upgraded irrigation works shall be included in the total investment of the irrigation works.
2. Funding for the formulation and amendment of operational procedures for irrigation works already in operation shall be derived from financial sources for the management and operation of irrigation works or other funding sources as decided by the owner of the irrigation works.
Article 14. Operational procedures for reservoirs
The formulation, amendment, approval, disclosure, and implementation of operational procedures for reservoirs shall comply with the Government’s regulations on dam and reservoir safety management.
MANAGEMENT OF IRRIGATION WORKS AND DETERMINATION OF DELIVERY AND ACCEPTANCE POINTS FOR IRRIGATION PRODUCTS AND SERVICES
Article 15. Management of irrigation works
1. The Minister of Agriculture and Environment of Vietnam shall decide the list, any amendments thereto, and the management scope of irrigation works whose operation and protection involve 02 or more provincial-level administrative units. The list and the management scope of irrigation works falling under the management of the Ministry of Agriculture and Environment of Vietnam are provided in Appendix II enclosed herewith.
2. The Minister of Agriculture and Environment of Vietnam shall decide amendments to the list and management scope of irrigation works whose operation and protection involve 02 or more provincial-level administrative units in one of the following cases:
a) The construction phase of the irrigation works has been completed;
b) The irrigation works have been assigned for management, but there are changes in their functions or intended uses, or repairs or upgrades have affected their management and operation. The Provincial-level People’s Committee or the organization responsible for operation of the irrigation works under the Ministry of Agriculture and Environment shall send a written request for amendment of the list and management scope of irrigation works to the Ministry of Agriculture and Environment.
3. The assignment of management authority over irrigation headworks performing flood control system-related tasks must comply with regulations of law on flood control systems and relevant laws.
Article 16. Location of delivery and acceptance points for irrigation products and services
1. Delivery and acceptance points of irrigation products and services between organizations operating irrigation works under the Ministry of Agriculture and Environment and those under local governments are locations which delineate the management boundaries of irrigation works between the Ministry of Agriculture and Environment and local governments.
2. Delivery and acceptance points of irrigation products and services between organizations or individuals operating irrigation works and grassroots-level irrigation institutions shall be determined according to the on-farm irrigation scales as prescribed in clause 3 of this Article.
3. On-farm irrigation scales are determined based on the design irrigation and drainage areas for each region as follows:
a) Mountains: 50 ha or less;
The determination of mountainous hamlets and communes shall follow the Government’s regulations on delineation of ethnic minority and mountainous areas.
b) Red River Delta: 250 ha or less;
c) Midlands, Central Coast, Central Highlands, and Southeast: 200 ha or less;
d) Mekong River Delta: 400 ha or less.
In case grassroots-level irrigation institutions meet capacity requirements, any expansion of on-farm irrigation scale shall be subject to the decision of the Provincial-level People’s Committee.
4. For cases where specific delivery and acceptance points cannot be determined, the supplying and receiving organizations or individuals shall mutually agree on such points for irrigation products and services.
Article 17. Delegation of authority to manage irrigation works and determine locations of delivery and acceptance points of irrigation products and services
1. For irrigation works under the management of the Ministry of Agriculture and Environment:
Organizations providing irrigation products and services under the Ministry of Agriculture and Environment shall cooperate with users of irrigation products and services to clearly determine the locations of the delivery and acceptance points of irrigation products and services according to decisions on assignment of management tasks issued by the Ministry of Agriculture and Environment.
2. For irrigation works under the management of Provincial-level People’s Committees or delegated to Commune-level People’s Committees for management:
a) The Provincial-level Department of Agriculture and Environment shall play the leading role and cooperate with relevant organizations and individuals in submitting to the relevant Provincial-level People’s Committee for making of decisions on delegation of authority to manage irrigation works within their province and on-farm irrigation works;
b) Organizations or individuals providing irrigation products and services under local government shall cooperate with users of irrigation products and services to clearly determine the locations of the delivery and acceptance points of irrigation products and services.
IRRIGATION BASELINE SURVEYS AND PLACEMENT OF BOUNDARY MARKERS FOR DELINEATING PROTECTION ZONES OF IRRIGATION WORKS
Article 18. Organization of irrigation baseline surveys
1. The Ministry of Agriculture and Environment shall organize irrigation baseline surveys covering inter-provincial and inter-regional scopes, as well as irrigation systems under its management; consolidate survey results nationwide.
2. Each Provincial-level People’s Committee shall organize irrigation baseline surveys within their respective province or city, except the cases specified in clause 1 of this Article.
3. Data and results of irrigation baseline surveys shall be published and disclosed, and the sharing thereof in digital environment is encouraged in accordance with applicable regulations.
Article 19. Requirements concerning placement of boundary markers
1. The placement of boundary markers shall be based on the extent of the protection zone, current conditions of the irrigation works, and management requirements.
2. In cases where boundary markers cannot be placed as prescribed, reference markers shall be used as substitutes.
3. Where land clearance markers, water source protection corridor markers, or boundary markers of other works already exist, such markers shall be considered as reference markers for determining the boundaries of the protection zone of irrigation works.
Article 20. Cases of compulsory placement of boundary markers
1. Dams of reservoirs with a storage capacity of 500.000 m³ or more, or dams with a height of 10 m or more.
2. Reservoir beds with a storage capacity of 500.000 m³ or more.
3. Canals with a flow rate of 5 m³/s or more, or with a canal bed width of 5 m or more.
4. Culverts with a total waterway width of 10 m ore more, for the Mekong River Delta, or 5 m or more, for other regions.
5. Based on management and protection requirements, Provincial-level People’s Committees shall decide cases of compulsory placement of boundary markers for delineating protection zones of submerged canals within their jurisdiction, and cases other than those specified in clauses 1, 2, 3, and 4 of this Article.
Article 21. Specifications of boundary markers and spacing between markers
1. Specifications of boundary markers:
a) A boundary marker is comprised of a marker body and a marker base: The marker body is made of precast reinforced concrete of grade 200, with a square cross-section of 15 cm x 15 cm. The marker base is made of cast-in-place concrete of grade 200, with a cross-section of 40 cm x 40 cm; the top surface of the base shall be level with the natural ground, and its depth shall range 30 – 60 cm depending on the site topography and management requirements;
b) The marker body protrudes 50 – 70 cm from the natural ground surface. The uppermost 10 cm from the top shall be painted red, and the remaining portion shall be painted white. The marker body bears the inscription “CTTL” symbol together with a serial number in the format CTTL.01…, with characters engraved in uniform uppercase letters and painted in red;
c) Newly installed reference markers shall have the same dimensions and appearance as boundary markers, bearing the inscription “MTC” and numbered in the format MTC.01… in accordance with the same specifications.
2. Spacing of boundary markers for delineating protection zones of dams and reservoir beds:
a) For dams specified in clause 1 Article 20 of this Circular, the spacing between 02 consecutive markers shall be 100 m; in cases where the dam is located near urban areas or concentrated residential areas, such spacing shall be 50 m;
b) For reservoir beds specified in clause 2 Article 20 of this Circular, the spacing between 02 consecutive markers shall range from 200 m to 500 m, depending on site topography and management requirements; in areas with steep slopes or without residential presence, such spacing may exceed 1.000 m. Boundary markers must be placed at all turning points and intersections of the boundary line with terrain features and physical objects.
3. For canals specified in clause 3 Article 20 of this Circular, based on site topography and management requirements, the spacing between two consecutive boundary markers shall range from 200 m to 300 m; for canals located in urban areas or concentrated residential areas, such spacing shall range from 100 m to 150 m. Boundary markers shall be placed at all turning points of the boundary line.
4. For culverts specified in clause 4 Article 20 of this Circular, based on site topography and management requirements, the spacing between two consecutive boundary markers shall range from 20 m to 50 m. Boundary markers shall be placed at all corner points of the boundary line.
5. The spacing between boundary markers for protection zones of other irrigation works shall be decided by the Provincial-level People’s Committees.
Article 22. Boundary marker placement plans
The investor, organization or individual operating the irrigation works as prescribed in clauses 1 and 2 Article 43 of the Law on Irrigation shall submit 01 set of application documents directly at the Single-window section, online through the National public service portal, or by post to the receiving authority as prescribed in clause 2 Article 23 of this Circular. Such application includes:
1. An application form for approval for the boundary marker placement plan.
2. A copy of the decision on assignment of tasks to the investor in the case of a newly constructed works, or the decision to assign an organization or individual to manage and operate the irrigation works, or the contractor for operation of the irrigation works.
3. The decision on approval for technical design or construction drawing design of the irrigation works, or other relevant approving decisions containing design parameters of the irrigation works.
4. An explanatory report on the boundary marker placement plan, including:
a) Grounds for formulating the boundary marker placement plan;
b) Assessment of the current conditions of the area where boundary markers are to be placed;
c) Number of boundary markers to be placed; methods for positioning boundary markers; spacing between markers; reference markers (if any);
d) The plan for mobilization of human resources, equipment, materials and site clearance;
dd) Schedule for placement and delivery of boundary markers;
e) Implementation organization.
5. Drawings and diagrams of the boundary marker placement plan, showing the protection zone of the irrigation works, as well as the locations and coordinates of boundary markers and reference markers (if any), shown on the as-built or current-status map of the irrigation works.
6. Cost estimates for placement of boundary markers, except for newly constructed or repaired irrigation works for which investment policies are subject to the approval by the Ministry of Agriculture and Environment of Vietnam.
Article 23. Approval for boundary marker placement plans and cost estimates
1. The investor, organization or individual operating the irrigation works shall formulate and submit a plan for placement of boundary markers for delineating the protection zone of their irrigation works to relevant Provincial-level People’s Committee for approval.
2. The Provincial-level Department of Agriculture and Environment shall receive and appraise the boundary marker placement plan.
3. Time-limits for appraisal and approval:
a) The receiving authority shall immediately give a response regarding the completeness of the application submitted directly; for an application submitted online or by post that is deemed incomplete, a written response shall be given within 01 working day. If an application is received after 16:00 hrs, such response shall be given on the following working day;
b) Within 18 working days from the receipt of a complete application as prescribed, the receiving authority shall appraise the boundary marker placement plan, and submit it to the competent authority for consideration and approval. If the application is deemed unsatisfactory, the receiving authority shall give a written notice and return the application to the applicant for modification or completion.
4. Following the approval for the boundary marker placement plan by the Chairperson of the relevant Provincial-level People’s Committee, the authority competent to approve cost estimates for placement of boundary markers shall be determined as follows:
a) For boundary marker placement items belonging to construction investment projects, the authority competent to approve cost estimates shall be determined in accordance with regulations of law on construction;
b) For boundary marker placement items which do not belong to construction investment projects, the entity managing the irrigation works shall approve the cost estimates, or the organization or individual operating the irrigation works may approve such cost estimates where so authorized by the owner of the irrigation works.
5. For areas where the placement of boundary markers falls within land areas allocated for construction of irrigation works by competent authorities, the investor shall organize the formulation and approval of the boundary marker placement plan, and organize the implementation of such a plan after being approved.
Article 24. Adjustment of boundary marker placement plans
1. A boundary marker placement plan shall be adjusted where there are changes to the protection zone of the irrigation works.
2. Sequence and procedures for adjustment of a boundary marker placement plan shall comply with provisions of Article 22 and Article 23 of this Circular.
Article 25. Responsibilities for placement and protection of boundary markers
1. The investor, organization or individual operating the irrigation work shall play the leading role and cooperate with the People’s Committee of commune where the irrigation work is located in publicly disclosing the approved boundary marker placement plan, organizing the placement of boundary markers in the field, and handing over such markers to the People’s Committee of commune where the irrigation work is located for management and protection.
2. The organization or individual operating the irrigation works shall be responsible for directly managing and protecting boundary markers and maintaining the relevant marker placement documents; conducting annual inspections and carrying out maintenance and restoration of markers that are lost or displaced compared with the approved boundary marker placement plan. Funding for such maintenance and restoration shall be derived from financial sources the management and operation of the irrigation works.
3. The use of land within the protection zone of the irrigation works shall comply with regulations of the Law on land.
MANAGEMENT AND OPERATION OF SMALL-SCALE AND ON-FARM IRRIGATION WORKS
Article 26. Organizations in charge of managing and operating small-scale and on-farm irrigation works
1. Small-scale and on-farm irrigation works shall be directly managed and operated by grassroots-level irrigation institutions that may also select other organizations or individuals to manage and operate these works.
2. The type of grassroots-level irrigation institution and the method for management and operation of small-scale or on-farm irrigation works shall be decided by that grassroots-level irrigation institution upon approval by at least 75% of its members.
3. The grassroots-level irrigation institution shall be established and operate in accordance with regulations of law on cooperatives, civil law, and its charter or regulations on provision of irrigation services which must be approved by more than 50% of its members and certified by the Commune-level People’s Committee. All users of irrigation products and services shall be members of the grassroots-level irrigation institution.
4. A grassroots-level irrigation institution shall be provided with technical and professional assistance by local specialized irrigation authorities and enterprises operating irrigation works.
5. For an irrigation work serving water supply, irrigation, drainage, and water discharge for 02 or more commune-level administrative units, the grassroots-level irrigation institution shall be established in the form of a cooperative or union of grassroots-level irrigation institutions.
Article 27. Management board and specialized departments of grassroots-level irrigation institution
1. The management board is composed of individuals elected by democratic voting at the general meeting of members or the general meeting of representatives of users of irrigation products and services. Depending on the scale and organizational form, an appropriate management board shall be established to ensure efficient and streamlined operation:
a) For a cooperative: comply with regulations of law on cooperatives;
b) For an artel: comply with regulations of law on artels.
2. Specialized departments:
a) For a grassroots-level irrigation institution with an inter-village, communal or inter-commune scale: economic teams and technical teams shall be established;
b) For a grassroots-level irrigation institution with a village scale: a general economic and technical team shall be established;
c) For a grassroots-level irrigation institution which is a cooperative providing agricultural and irrigation services: agricultural irrigation team or group shall be established.
Article 28. Methods of managing and operating small-scale and on-farm irrigation works
1. Grassroots-level irrigation institutions shall directly take charge of managing and operating small-scale or on-farm irrigation works.
2. If a grassroots-level irrigation institution cannot directly take charge of managing and operating a small-scale or on-farm irrigation work, a qualified organization or individual shall be selected to manage and operate that irrigation work by direct assignment or bidding. The selected organization or individual must meet relevant capacity requirements for operating the irrigation works and other relevant laws.
3. If an organization is hired to manage and operate a small-scale or on-farm irrigation work, a management and operation contract must be signed and valid for no more than 05 years.
Article 29. Operations of grassroots-level irrigation institution
1. Formulate and organize the implementation of plans for water supply, irrigation, drainage, water discharge, and maintenance of irrigation works. To be specific:
a) The formulation and implementation of plans for water supply, irrigation, drainage, water discharge, and maintenance of irrigation works shall ensure the participation by users of irrigation products and services. Such plans shall be prepared on a seasonal, crop-based, or annual basis, and shall be consistent with contracts concluded with organizations providing irrigation products and services;
b) Participate in the formulation of plans for water supply, irrigation, drainage, and water discharge of organizations providing irrigation products and services;
c) Notify schedules for water supply, irrigation, drainage, and water discharge to users of irrigation products and services;
d) Monitor operational performance and evaluate service quality and outcomes after each crop or production season.
2. Formulate and implement plans for protection of small-scale and on-farm irrigation works.
3. Formulate and implement other production and service provision plans. Grassroots-level irrigation institutions are encouraged provide irrigation services according to linkages in cultivation of high-value crops.
Article 30. Assets and finance of a grassroots-level irrigation institution
1. Assets:
a) State-funded irrigation works managed and operated by the grassroots-level irrigation institution as authorized;
b) Assets acquired from funds contributed by collectives or individuals, provided by the State or other organizations;
c) The grassroots-level irrigation institution shall manage, preserve, and effectively utilize the assigned assets.
2. Finance:
a) Funding for covering operational expenses of the grassroots-level irrigation institution includes: Contributions from users of irrigation products and services; financial support from the State; investments made by other organizations or individuals;
b) Members of a grassroots-level irrigation institution shall agree on the contribution levels to ensure payment for irrigation products and services as regulated, payment for costs of management, operation, maintenance and repair of the small-scale and on-farm irrigation works according to the principles of majority decision-making, full and accurate cost calculation, and transparency;
c) The grassroots-level irrigation institution shall annually formulate its financial plan, ensure the balance between revenues and expenditures, and openly and transparently record revenues and expenditures.
d) The State’s financial support for covering the costs of public irrigation products and services and maintenance funding shall comply with the prescribed roadmap for pricing of irrigation products and services;
dd) For contributions from its members and other funding sources, the ratio of these funds used for covering expenditures shall be determined by the grassroots-level irrigation institution. and specified in its charter or internal regulations.
Article 31. Establishing and strengthening grassroots-level irrigation institutions
1. Provincial-level People’s Committees shall direct relevant agencies and units to formulate and implement plans for establishment and strengthening of grassroots-level irrigation institutions. To be specific:
a) In a province or city where no organization is assigned to manage and operate small-scale and on-farm irrigation works, a grassroots-level irrigation institution shall be established;
b) Commune-level agricultural irrigation boards or irrigation boards that are in charge of managing and operating small-scale and on-farm irrigation works, and are currently staffed by commune-level leaders and/of officials under the dual office-holding regime, shall be converted into cooperatives or artels;
c) Existing cooperatives or artels providing irrigation services shall strengthen their management boards and specialized departments in accordance with provisions of Article 27, and shall comply with provisions of Articles 26, 28, 29 and 30 of this Circular.
2. Commune-level People’s Committees shall perform the functions and tasks of grassroots-level irrigation institutions in cases where such institutions are not yet established.
Article 32. Unions of grassroots-level irrigation institutions
1. Establishment of unions of grassroots-level irrigation institutions:
a) Grassroots-level irrigation institutions operating within the same geographical area (covering multiple hamlets and/or communes), sharing common water sources, possessing adequate operational capacity, and voluntarily entering into a cooperation agreement, may establish a union of grassroots-level irrigation institutions in order to be assigned to manage and operate water conveyance and distribution systems connected to on-farm irrigation systems; such establishment of unions of grassroots-level irrigation institutions is particularly encouraged in areas experiencing constraints in water availability or recurrent water scarcity, especially at the tail-end sections of water conveyance and distribution systems.
b) The establishment of a union of grassroots-level irrigation institutions that are cooperatives is greatly encouraged. Establishment and operation of unions of grassroots-level irrigation institutions shall comply with regulations of law on cooperatives regarding cooperative unions.
2. Management models of unions of grassroots-level irrigation institutions shall comply with regulations of law on cooperatives.
3. Operation of a union of grassroots-level irrigation institutions:
a) Formulate and organize the implementation of plans for water supply, irrigation, drainage and water discharge, and maintenance of irrigation works under its management, with a view to ensuring equitable and efficient water distribution among its members;
b) Engage in the formulation of plans for water supply, irrigation, drainage and water discharge by organizations operating provincial-level irrigation works and of its members;
c) Formulate and organize the implementation of measures for protection and safeguarding of irrigation works under its management.
4. Procedures for transfer of authority to manage inter-commune water conveyance and distribution systems connected to the on-farm irrigation system to the union of grassroots-level irrigation institutions:
a) Grassroots-level irrigation institutions within the irrigation command area shall prepare and send written requests for transfer of management authority to the organization operating the irrigation headwork;
b) The organization operating the irrigation headwork and the union of grassroots-level irrigation institutions shall hold a meeting to discuss and agree on the transfer plan, including agreements on sharing of financial support for covering costs of use of irrigation products and services, on the basis of the transferred tasks, the irrigated and drained service area, and the existing conditions of the systems;
c) The organization operating the irrigation headwork shall cooperate with relevant authorities to organize the transfer of water conveyance and distribution systems to the union of grassroots-level irrigation institutions.
Article 33. Transfer and revocation of rights to manage and operate state-funded small-scale and on-farm irrigation works
1. Based on local actual conditions, and the capacity of the organizations responsible for managing and operating irrigation works, the specialized agencies responsible for state management of agriculture and environment under People’s Committees at all levels shall request the owner of small-scale and on-farm irrigation works to consider issuing decision on transfer or revocation of rights to manage and operate such works, according to the existing conditions of such works at the time of transfer.
2. Pursuant to the owner’s decision on transfer or revocation of rights to manage and operate small-scale and on-farm irrigation works, the relevant parties shall prepare a record of the transfer and receipt of such rights to manage and operate small-scale and on-farm irrigation works using Form No. 08 Appendix I enclosed herewith.
1. This Circular comes into force from January 26, 2026.
2. The Circular No. 05/2018/TT-BNNPTNT dated May 15, 2018 of the Minister of Agriculture and Rural Development of Vietnam, and the Circular No. 03/2022/TT-BNNPTNT dated June 16, 2022 of Minister of Agriculture and Rural Development of Vietnam shall cease to have effect from the effective date of this Circular.
3. Clause 3 and clause 6 Article 3, Articles 4, 5 and 8, Appendix II and Appendix II enclosed with the Circular No. 20/2025/TT-BNNMT dated June 19, 2025 of the Minister of Agriculture and Environment of Vietnam are abrogated.
4. Decisions on approval of operational procedures, and decisions on approval of boundary marker placement plans shall be issued in both hard-copy and electronic formats. Decisions on approval of operational procedures and decisions on approval of boundary marker placement plans which bear valid digital signatures or electronic signatures of the competent authorities, issued through online public service systems, shall have the same legal validity as hard-copy versions, and may be lawfully used in accordance with regulations of law.
1. For irrigation works whose operation and protection involve 02 or more provincial-level administrative units and where there are changes arising following the rearrangement of provincial-level administrative units, the organization managing and operating such works shall continue managing and operating such works until a decision is issued by the relevant competent authority.
2. No later than 03 years from the effective date of this Circular, Provincial-level People’s Committees shall review, update, and complete the formulation and approval of operational procedures for irrigation works in their provinces or cities in accordance with provisions of this Circular.
3. Locations of delivery and acceptance points for irrigation products and services which have been determined before the effective date of this Circular shall remain valid and continue to be used.
4. Plans for placement of boundary markers for delineating protection zones of irrigation works which have been approved before the effective date of this Circular shall remain valid and continue to be implemented.
5. Any difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Environment for consideration./.
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PP. MINISTER Nguyen Hoang Hiep |
