Regulations on management and use of land of rivers, streams, canals, ditches and springs

Reply:

Article 215Law DyesDecree 2024 regulates land with specialized water surfaces and land for rivers, streams, canals, ditches, and springs.as follows:

1.Land with specialized water surface is land with water surface of hydrological objects in the form of ponds, lakes, lagoons, and estuaries that have been determined for purposes other than aquaculture.

2.Based on the identified primary purpose of use, land with specialized water surface and land with rivers, streams, canals, ditches and springs are managed and used according to the following regulations:

a) The State assigns to organizations to manage and combine the use and exploitation of land with specialized water surfaces for non-agricultural purposes or non-agricultural purposes combined with aquaculture and fisheries exploitation;

b) The State leases land on rivers, streams, canals, ditches, and brooks and collects annual land rent from economic organizations, individuals, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital for aquaculture or non-agricultural purposes or non-agricultural purposes combined with aquaculture, and must comply with the provisions of the law on water resources;

c) The State leases land with water surface as hydroelectric and irrigation lakes for combined use for non-agricultural purposes, aquaculture, and aquatic exploitation according to its authority;

d) The State shall allocate and lease land within the protection area and the vicinity of dams and reservoirs of hydroelectric and irrigation works to organizations and individuals for management, combined use and exploitation of land with water surface in combination with other land use purposes in accordance with relevant laws and must be licensed by competent State agencies in accordance with regulations.

3.The exploitation and use of land with specialized water surfaces and land of rivers, streams, canals, ditches and streams must ensure that they do not affect the main purposes of use that have been determined; must comply with technical regulations of relevant sectors and fields and regulations on landscape and environmental protection; must not obstruct natural flows; and must not obstruct waterway traffic.