Circular 04/2021/TT-BNNPTNT guiding the approval and appraisal of dike-related activities

CIRCULAR

Guiding the approval and appraisal of dike-related activities^[1]

Pursuant to the Government’s Decree No. 15/2017/ND-CP of February 17, 2017, defining the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the November 29, 2006 Law on Dikes; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Planning-related Articles of Thirty-Seven Laws;

Pursuant to the Government’s Decree No. 113/2007/ND-CP of June 28, 2007, detailing and guiding a number of articles of the Law on Dikes;

At the proposal of the General Director of the Vietnam Disaster Management Authority;

The Minister of Agriculture and Rural Development promulgates the Circular guiding the approval and appraisal of dike-related activities.

Article 1. Scope of regulation

This Circular guides the solicitation of the Ministry of Agriculture and Rural Development’s approval of dike-related activities, and appraisal of contents related to flood drainage and dike safety for the Prime Minister-approved construction investment projects implemented on river stretches, sand expanses or islets where exist no construction works.

Article 2. Subjects of application

This Circular applies to agencies, organizations and individuals carrying out dike-related activities.

Article 3. Regulations on approval

1. Activities subject to solicitation of approval from the Ministry of Agriculture and Rural Development include:

a/ Grant of permits for the activities specified at Points a, b, c and h, Clause 1, Article 25 of the Law on Dikes, for dikes of special grade, grade I, grade II, and grade III;

b/ Construction and renovation of dike-related traffic works, for those located in two or more provinces.

2. Contents of consideration and approval

a/ Compliance with the law on dikes;

b/ Conformity with anti-flood master plans for diked rivers, and master plans on dikes; and flood control plans for diked rivers and plans on development of dike systems in provincial-level master plans approved by competent authorities;

c/ Assurance of dike safety and flood drainage during the construction of works;

d/ Flood control solutions in the process of construction of works and dike safety solutions in the management and use of works;

dd/ Measures to ensure traffic safety on dikes in the process of construction of works;

e/ Other relevant matters (if any).

3. Method of solicitation of approval

A provincial-level People’s Committee shall submit to the Ministry of Agriculture and Rural Development two sets of dossier of request for approval, each of which must comprise:

a/ A request for approval, made by the provincial-level People’s Committee;

b/ Written opinions submitted by the provincial-level Department of Agriculture and Rural Development to the provincial-level People’s Committee;

c/ Technical documents approved by the competent authority, including a commentary report and drawings of the general layout and cross sections, which show contents related to dikes and flood drainage during the construction;

d/ Other documents related to the construction and project implementation (if any);

dd/ Documents of People’s Committees of related provinces, for a construction work located in two or more provinces.

4. Receipt and processing of dossiers of request for approval

a/ The Vietnam Disaster Management Authority under the Ministry of Agriculture and Rural Development shall receive and process dossiers of request for approval.

b/ In the process of considering a dossier, if deeming that the concerned construction work is likely to affect dike safety and flood drainage, the Vietnam Disaster Management Authority shall, on a case-by-case basis, request the provincial-level People’s Committee to provide additional documents for consideration and approval, including an independent consultancy unit’s written verification of the construction work’s impacts on dike safety and flood drainage on the riverbed (decrease in the designed flood flow; increase in the designed flood level; impacts on flows in adjacent, upstream and downstream areas; riverbed stability; and stability of dike body and dike foundation in the area where the work is built); written opinions of related competent agencies; and documents on topographical and geological surveys serving inspection and calculation.

c/ In case the dossier is incomplete or requires the additional documents specified at Point b of this Clause, the Vietnam Disaster Management Authority shall, within three working days after receiving the dossier, request the provincial-level People’s Committee to supplement and complete the dossier.

d/ Within fifteen days after receiving a complete dossier under regulations, the Vietnam Disaster Management Authority shall consider and issue a written approval. In case of disapproval, it shall issue a written reply, clearly stating the reason for disapproval, and send it to the provincial-level People’s Committee.

Article 4. Regulations on appraisal

1. Before being submitted to the Prime Minister for approval, construction investment projects implemented on river stretches, sand expanses or islets where exist no construction works shall be appraised in accordance with the laws on construction and investment and must have contents related to flood drainage and dike safety appraised by the Ministry of Agriculture and Rural Development.

2. Appraisal contents

a/ Compliance with the law on dikes;

b/ Conformity with master plans on natural disaster prevention and control and hydraulic work, and flood control master plans for diked rivers, master plans on dikes, and provincial-level master plans approved by competent authorities;

c/ The construction work’s location from the dike protection area;

d/ Contents ensuring that the construction of works does neither make the designed flood flow lower than the permitted level nor make the designed flood level higher than the permitted level; or causes no impacts on flows in adjacent, upstream and downstream areas;

dd/ Assurance of dike safety and stability of river banks, river stretches, sand expanses, islets or riverbeds during the construction of works;

e/ Flood control solutions in the process of construction, management and use of works;

g/ Other relevant matters (if any).

3. Method of request for appraisal

A provincial-level People’s Committee shall submit to the Ministry of Agriculture and Rural Development two sets of dossier of request for appraisal, each of which must comprise:

a/ A request for appraisal, made by the provincial-level People’s Committee;

b/ Written opinions submitted by the Department of Agriculture and Rural Development to the provincial-level People’s Committee;

c/ The construction investment project’s dossier, covering contents related to approved flood control master plans for diked rivers, master plans on dikes, provincial-level master plans, land use master plans and construction master plans, and calculation results meeting dike safety and flood drainage requirements specified in Clause 3, Article 26 of the Law on Dikes; Clause 13, Article 13 of the Law Amending and Supplementing a Number of Planning-related Articles of Thirty-Seven Laws, and Article 5 of the Government’s Decree No. 113/2007/ND-CP of June 28, 2007, detailing and guiding a number of articles of the Law on Dikes;

d/ Other documents related to the construction and project implementation (if any);

dd/ An independent consultancy unit’s written verification of the construction work’s impacts on dike safety and flood drainage on the riverbed, including decrease in the designed flood flow; increase in the designed flood level; impacts on flows in adjacent, upstream and downstream areas; riverbed stability; and stability of dike body and dike foundation in the area where the work is built;

e/ Documents of the People’s Committees of related provinces, for a construction work located in two or more provinces.

4. Receipt and processing of dossiers of request for appraisal

a/ The Vietnam Disaster Management Authority under the Ministry of Agriculture and Rural Development shall receive and process dossiers of request for appraisal.

b/ In case the dossier is incomplete or requires additional documents, the Vietnam Disaster Management Authority shall, within three working days after receiving the dossier, request the provincial-level People’s Committee to supplement and complete the dossier.

c/ Within thirty days after receiving a complete dossier under regulations, the Vietnam Disaster Management Authority shall consider and appraise the dossier, report to the Ministry of Agriculture and Rural Development for the latter to provide written appraisal opinions, and send it to the provincial-level People’s Committee.

Article 5. Effect

1. This Circular takes effect on August 15, 2021, and replaces the Minister of Agriculture and Rural Development’s Circular No. 46/2011/TT-BNNPTNT of June 27, 2011, providing procedures for approval and appraisal of dike-related activities.

2. Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development for consideration and settlement.-

For the Minister of Agriculture and Rural Development
Deputy Minister
NGUYEN HOANG HIEP