Decision No. 5764/QD-UBND dated December 14, 2018 of the People's Committee of Ho Chi Minh City on promulgating plans for implementation of urban flooding reduction program in the period of 2018 - 2020

THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY

DecisionNo. 5764/QD-UBND dated December 14, 2018 of the People s Committee of Ho Chi Minh City on promulgating plans for implementation of urban flooding reduction program in the period of 2018 - 2020

Pursuant the Law on Organization of Local Government Authorities dated June 19, 2015;

Pursuant to Decision No.589/QD-TTg dated April 06, 2016 of the Prime Minister approving orientation of the development of drainage in urban areas and Vietnam industrial parks up to 2025 with visions towards 2050;

Pursuant to Decree No.80/2014/ND-CP dated August 06, 2014 of the Government on drainage and treatment of wastewater;

Pursuant to Action Program No.17-CTrHD/TU dated October 31, 2016 of the Party Executive Committee of Ho Chi Minh City for implementation of the Resolution of the 10^thParty Congress of Ho Chi Minh City on programs for reducing urban flooding during 2016-2020;

Pursuant to Decision No.6261/QD-UBND dated November 30, 2016 of People s Committee of Ho Chi Minh City on plans for implementation of the Resolution of the 10^thParty Congress of Ho Chi Min City on programs for reducing urban flooding in the period of 2016-2020;

Pursuant to Decision No.5305/QD-UBND dated November 27, 2018 of People’s Committee of Ho Chi Minh City on transfer of certain functions and duties of Ho Chi Minh City Transport Department to Ho Chi Minh City Construction Department;

Pursuant to Conclusion No.363-KL/TU dated August 01, 2018 of the Standing Committee of Party Executive Committee on the renovation of the mechanism for guidance on running breakthrough programs for implementation of the Resolution of the 10^thParty Congress of Ho Chi Minh City;

At the request of the Director of Department of Construction in Official Dispatch No.14724/SXD-PTDT dated November 27, 2018 for the issuance of plans for implementation of urban flooding reduction program in the period of 2018-2020,

HEREBY DECIDES:

Article 1.This Decision is issued together with the Plan for implementation of urban flooding reduction program in the period of 2018-2020.

Article 2.Directors of Ho Chi Minh City Departments, Chairpersons of district-level People’s Committees and Directors of agencies affiliated to the city shall prepare a detailed plan for program implementation in an effective manner according to their functions, duties and contents of this Plan.

Article 3.This Decision takes effect on the signing date.

Article 4.Chief Office of Ho Chi Minh City People s Committee, Directors of Department of Construction and other Department of Ho Chi Minh City, Chairpersons of district-level People s Committees and Directors of relevant agencies shall take responsibility to implement this Decision./.

For the People’s Committee

For the Chairperson

The Vice Chairperson

Tran Vinh Tuyen 

PLAN

FOR IMPLEMENTATION OF URBAN FLOODING REDUCTION PROGRAM IN PERIOD OF 2018-2020
(Issued together with Decision No.5764/QD-UBND dated December 14, 2018 of Ho Chi Minh City People s Committee)

For the purpose of Action Program No.17-CTrHD/TU dated October 31, 2016 of the Party Executive Committee of Ho Chi Minh City on implementation of the Resolution of the 10^thParty Congress of Ho Chi Minh City on reducing urban flooding during 2016-2020; Decision No.6261/QD-UBND dated November 30, 2016 of Ho Chi Minh City People s Committee promulgating plans for implementation of the Resolution of the 10^thParty Congress of Ho Chi Minh City on reducing urban flooding during 2016-2020; Ho Chi Minh City People s Committee (hereinafter referred to as “the city People’s Committee”) prepares a plan for implementation of urban flooding reduction program in the period of 2018-2020 as follows:

I. PURPOSES - REQUIREMENTS

1. PURPOSES

1.1.Review and re-assess implementation in the past few years and renovate the implementation method; periodically determine and review the list of tasks to be completed according to quarterly, annual or 6-month plans.

1.2.Review and balance funding provided for the breakthrough program; attract private investment in projects; develop roles and responsibilities of participants in the program and ensure that regulatory agencies must guarantee order, security and law compliance during the implementation of the breakthrough program.

1.3.Strengthen cooperation between Departments and district-level People s Committees with the aim of ensuring consistency and efficiency in implementation of the urban flooding reduction program in the city.

2. REQUIREMENTS

2.1.Departments and district-level People’s Committees and relevant agencies shall raise their initiative, cooperate with one another, take drastic actions and urgeaffiliated entities to perform tasks assigned.

2.2.Directors of relevant Departments shall cooperate with others in taking drastic actions, control the situation and promptly suggest feasible policies and measures deal with questions and difficulties during implementation. 

II.GENERAL OBJECTIVE AND TARGET

General objective

Continue to achieve objectives, target and fulfill duties included in the urban flooding reduction program in the period of 2016-2020 (Action Program No.17-CTrHD/TU dated October 31, 2016 of the Party Executive Committee of Ho Chi Minh City).

Target up to 2020

Give treatment to 15/37 roads in flood due to rain (22/37 roads have been repaired), 28/179 alleys (151/179 alleys have been treated) and 5/9 roads in flood due to tide (4/9 have been treated); Complete construction of 2 wastewater treatment factories (increase the capacity of Binh Hung factory to 469,000 m³/day in phase 2 of construction and maintain the capacity of 480,000 m³/day of Nhieu Loc Thi Nghe factory), build 4 wastewater treatment factories including Tay Sai Gon, Binh Tan, Tan Hoa Lo Gom and Bac Sai Gon 1 (construction of Tham Luong – Ben Cat factory with the capacity of 131,000 m³/day has been completed,)

III.PRIMARY METHODS AND DUTIES

1. Enhancing planning quality and efficiency in planning management; adopting regulations and solutions for association among regions within the Southern key economic zone

1.1. Improving planning quality and efficiency in the management of planning and construction

Focus on preparation, appraisal and approval of the scheme for adjusting general planning on the city construction, scheme for adjusting irrigational planning for flooding prevention, scheme for adjusting general planning on drainage system, scheme for reservoir planning and foundation height planning based upon planning visions, in which urban problems shall be solved in conjunction with planning on drainage and flooding control, rural problems will be solved in conjunction with irrigational planning for flooding prevention in order to reach the general objective that is pay attention to handling of flooding from the central to the southern area of the city, which are issued before 2020. To be specific:

1.1.1 The Department of Planning shall take charge and cooperate with other Departments in districts and consultancy in preparing a general city planning and review planning at the scale of 1/2000 to adjust the foundation height inconsistent with real conditions and ensure that the designed height is consistent with the one in reality when implementing projects to be completed by 2020 according to the aforesaid planning.

1.1.2 The Department of Construction shall cooperate with the Department of Planning and Architecture and other Departments as well as consultancies in making and adjusting the general planning on drainage in Ho Chi Minh City up to 2030 with visions towards 2050 (including study on certain technical standards for hydrographic and hydraulic survey for the drainage system in the city that is no longer adapting to climate change; review of planning on construction of collection system and urban wastewater treatment factories in the city applying advanced technologies for wastewater treatment; review of sunken areas which may be used for construction of reservoirs to prevent flooding, increase water storage capacity and create urban landscape, especially areas in the south and determination of regional reservoirs) by the end of 2019.

The consultancy may be hired and scientific seminars with participation of domestic and international experts may be held during review and adjustment of general drainage planning in Ho Chi Minh City up to 2030 with visions towards 2050 where necessary.

The drainage planning shall be reviewed and adjusted in conjunction with adjustment to general planning on the city construction, wastewater treatment planning and transport development planning as well as the implementation of projects included in the breakthrough program for reform and development of urban areas in Ho Chi Minh city in the period of 2018-2020.

1.1.3 The Department of Agriculture and Rural Development shall review, make assessment reports on and additional adjustments to irrigational planning for flooding prevention in Ho Chi Minh City by the beginning of 2020.

1.1.4 The Department of Construction shall take charge and cooperate with the Department of Transport, Department of Agriculture and Rural Development and other Departments in districts in strictly managing occlusion and encroachment of canal systems in the city under current regulations and grant no permission for occlusion of canals which may narrow the water flow; in case of force majeure events, occlusion of canals shall only be performed after assessing the drainage and water storage capacity in the area and working out sustainable and efficient solutions.

Take actions under the guidance of Ho Chi Minh City People’s Committee provided in Decision No.4321/QD-UBND dated October 02, 2018 promulgating plans on implementation of Decision No.22/2017/QD-UBND dated April 18, 2018 of Ho Chi Minh City People s Committees promulgating regulations on management and use of corridors in the bank of rivers, streams, canals and public lakes within Ho Chi Minh City.  

1.1.5 The Management Board of investment project on construction of urban engineering infrastructure facilities (hereinafter referred to as “the Management Board”) shall send a proposal of planning on height of the bank of rivers and canals in the city for drainage purpose to competent authorities for consideration and publication by Quarter III of 2019. Mark boundaries and transfer boundary markers of protection corridors of canals in the city to district government authorities for management purpose by 2020.

Actions related to rivers and canals in the city serving water transportation or hydraulics shall be taken under the guidance of Ho Chi Minh City People s Committee provided in Decision No.4321/QD-UBND dated October 02, 2018.

1.2 Applying regulations and solutions for the regional association to actively deal with climate change

The Department of Natural Resources and Environment shall make statistical reports and assess management, use and protection of water resources, Sai Gon and Dong Nai river basin by 2020; Enhance inspection, supervision and handling of waste discharge which contaminates water resources of inter-regional rivers and canals in a regular and continuous manner;

Take charge and cooperate with other Departments and district-level People s Committees in performing tasks included in the program for reduction of environmental pollution in the period of 2016-2020 in a regular manner.

2. Reviewing and amending policies to attract investments; promoting renovation of administrative procedures, making a new breakthrough to speed up the construction of flooding reduction works; enhancing effectiveness and efficiency in state management in drainage infrastructure and wastewater treatment

2.1 Reviewing and supplementing policies to attract investments in flooding reduction projects or works

2.1.1 The Department of Planning and Investment shall:

- Formulate policies to promote and call for investment in the project in the form of public-private partnership (PPP).

- Give priority to combined-implementation of projects with multiple objectives and the combination of elements of the 4 breakthrough programs for urban flooding reduction, traffic congestion reduction, urban reform and environmental pollution reduction.

2.1.2 The Department of Natural Resources and Environment shall cooperate with district government authorities in reviewing the land fund and marking boundaries in proposed places for construction of urban wastewater treatment factories according to the planning by 2019.

2.1.3 The Management Board shall conduct a study on and provide guidelines for making wastewater treatment drainage service charges under regulations in Decree No.80/2014/ND-CP dated August 06, 2014 of the Government on drainage and treatment of wastewater, send proposal of such charges to the Department of Finance for appraisal purpose and Ho Chi Minh City People s Committee for approval by 2018.

2.2 Enhancing effect of and efficiency in state management in drainage and wastewater treatment systems and tide control works with the aim of managing flooding due to climate change and sea level rise

2.2.1 District-level People s Committees shall take actions against encroachment of water discharge gates, manholes and drainage systems, discharge of waste into canals and occlusion of manholes; maintain and dredge sewers; manage boundary markers of high riverbank and protection corridors of rivers and canals; restore canals occluded or encroached illegally and improper occluded works with the aim of increasing the drainage capacity and water storage space; review and dismantle works that encroach upon canals to serve dredging process for widening the flow of drainage canals. Vietnamese Fatherland Front of various levels shall participate in the management of the aforementioned tasks.

2.2.2 The Department of Construction shall:

- Immediately cooperate with the Department of Justice and relevant agencies in completing the formulation and issuance of regulations on management of drainage in Ho Chi Minh City in conformity with provisions of Decree No.80/2014/ND-CP dated August 06, 2014 of the Government on drainage and treatment of wastewater by quarter I of 2019;

- Formulate regulations on cooperation in management, maintenance, use, upgrade and development of drainage systems in Ho Chi Minh City by 2019.

- Take charge and cooperate with co-operating with the Management Board and investors in checking the construction progress and continue to treat 22 roads affected by such construction.

2.2.3 The Department of Natural Resources and Environment shall take charge and cooperate with the Department of Construction, other Departments and district-level People s Committees in hiring the consultancy to assess the management of use of underground water and results of solutions for limitation on use of underground water adopted for the past few years; develop planning on use of underground water in Ho Chi Minh city, determine duties, solutions and roadmap for decrease in use towards end of use of underground water in Ho Chi Minh city by 2020. Develop a mechanism on cooperation among Departments in reducing the cost of underground water use, licensing and managing the use of underground water in the city.

2.3 Managing and operating existing drainage systems in an efficient manner to ensure drainage capacity thereof

2.3.1 Owners of drainage systems and district-level People s Committees shall:

- Review and establish procedures for maintenance and operation of drainage works including systems of canals, sewers, tide control sewers, pumping stations and wastewater treatment factories; establish and update the database of the drainage system in the area under management.

- Prepare plans for maintaining and dredging the drainage system; enhance inspection and supervision of implementation to ensure drainage quality and efficiency of the existing system.  Make a statistical report on roads in flood in the areas under management.

- Regularly make statistical reports and lists of roads with partial hollows and canals with corridors running along roads without barriers that may affect the safety of drainage sewer and canal transportation for the purpose of decentralizing management authority.

2.3.2 District-level People s Committees shall:

- Enhance patrol, statistical work and sanctions against damage of drainage systems, unsafe water diversion projects and constructions of works that encroach upon drainage rivers and canals. Report problems beyond competence to competent authorities for settlement.

3. Focusing on adoption of solutions for the construction of flooding reduction works

Mobilize funding sources other than budget to implement PPP drainage projects in a consistent manner according to the drainage basin such as ODA loans and private investment. Deal with questions about disbursement of funding provided for the PPP project on dealing with flooding due to tide in Ho Chi Minh city under consideration of climate change element (phase 1) (build-transfer agreement).

Solutions and projects for flooding prevention and wastewater treatment shall be considered and invested with the application of advanced technologies to ensure efficiency and economy in use of the city land fund.

Such solutions and projects shall be implemented in combination with breakthrough programs for implementation of Resolution of the 10^thParty Congress of Ho Chi Minh City, especially urban reform and development program and program for reducing traffic congestion and traffic accidents in the period of 2016-2020.

3.1. Short-term solutions

3.1.1. The Management Board and district-level People s Committees shall as authorized:

- Quickly construct and operate urgent projects or works in progress or works carried over from the previous term of office;

- Reform the drainage system and dredge canals by funding for repair and authorized funding; 

- Perform urgent operation and maintenance in a concentrated manner; encourage people to participate in dredging and clearing of canals; review and set up additional tide control valves, construct protection corridors of areas affected by the tide when large-scale projects are still on progress;

- Construct urgent works for control of areas in flood and settle flooding in areas due to such construction;

- Study and apply modern technologies in the construction of drainage works, levee, revetment; techniques of pipe jacking; pipe laying and underground reservoirs.

Cooperate with relevant agencies in making restrictions and unit price for modern technologies to be applied in the future.

3.1.2. The Department of Finance shall provide adequate funding for annual recurrent expenditure for district-level People s Committees and owners to perform their duties as authorized according to the designed plan.

3.2. Mid-term and long-term solutions

3.2.1. The Department of Investment and Planning shall:

- Balance and provide funding for projects included in the urban flooding reduction program; save Ho Chi Minh City’s budget funding for construction of works to be completed in the period of 2018-2020; attract investment in flooding reduction.

- Consolidate and send public investment guidelines and plans for mid-term public investment in the project funded by the SCIC for enterprise assistance and development (hereinafter referred to as “SCIC’s fund”), which is transferred to the HCMC’s budget as the basis for implementing the plan on schedule during 2018-2020 to Ho Chi Minh City People s Committee and People’s Council for approval purpose.

- Review resources; prepare plans for balancing resources for implementation of projects, pay attention  to mobilization of social resources (from domestic organizations and individuals overseas sole proprietorship), the list of projects funded from the budget and private investment, to be specific:

+ Budget funding shall be provided for land clearance, transited works, urgent works with little investment capital and construction works for reform of drainage system.

+ Private investment shall be allocated for investment in wastewater treatment factories, flooding settlement, reservoirs and main canals.

+ ODA loans shall be provided for investments in large-scale projects such as improvement and dredging of main canals, collection systems and separate sewers in the discharge area.

+ Proceeds from land use right auction and enterprise equitization shall be allocated for investment in construction works for the improvement of drainage and flooding prevention systems.

- Cooperate with the Management Board in preparing necessary conditions for inviting bids for 17 projects mentioned in the conference on mobilization of investment in solutions for flooding reduction and wastewater treatment (held on August 2018) (including 4 projects out for bid in the form of investor selection in the period of 2019-2020, 5 in the period of 2021-2022 and then another 8 in the period of 2023-2024) in a public and transparent manner and soon put such works in use.

3.3.2. The Department of Natural Resources and Environment shall:

Cooperate with district-level People’s Committees in sending proposal of land prices used for calculating compensation amount and proposals of projects on compensation, assistance provision and relocation to competent authorities for approval purpose; give the city People s Committee advice on special mechanism for shortening the time for process of compensation, land clearance and relocation, especially projects on the left bank of Sai Gon River, canal dredging and wastewater treatment factories.

3.2.3. The Management Board shall speed up construction of such works according to the following Prime Minister s decisions:

a) Decision No.752/QD-TTg:

- For the project on improvement of the drainage system for rainwater and wastewater in Ho Chi Minh City (Tham Luong – Ben Cat – Nuoc Len basin) funded by the Asian Development Bank, launched in 2019 and expected to be completed by 2020:

- Establish and improve the drainage system (using funding from HCMC s budget and SCIC s fund transferred to HCMC s budget) to ensure that construction of drainage sewer for the 200-km road will be completed by 2020.

Continue to run construction projects according to the designed plan, to be specific:

- Construct wastewater treatment factories and separate sewer system, including construction of one wastewater treatment factory in the basin to the west of Sai Gon (PPP project) for replacement of 3 existing wastewater treatment factories in 3 basins (the west of Sai Gon, Binh Tan and Tan Hoa – Lo Gom) which is started during 2016-2020 and completed after 2020 and construction of one wastewater treatment factory in the basin to the north of Sai Gon (PPP project) which is started and completed after 2020.

- Construct 2 reservoirs (funded by PPP) based upon results of the study and review on sunken areas that may be used for the construction of reservoirs for reducing flooding, increasing water storage space and creating an urban landscape, especially areas in the south of the city by 2020.

b) Decision No.1547/QD-TTg on:

-  Settlement of flooding due to tide under the influence of climate change in Ho Chi Minh city (phase 1) (funded from PPP - Build-transfer agreement) of which70% of workload has been completed: Focus on question tackling to assist the investor in speed up the construction works for dealing with flooding due to tide in Ho Chi Minh City under influence of climate change (phase 1) serving control of tide in the basin of 550 km²which is completed by 2019.

- A construction project on the left bank of Sai Gon River (funded by Ho Chi Minh City s budget and SCIC s fund transferred to Ho Chi Minh City s budget) which is on progress and expected to be completed by 2020.

- Improvement and dredging of main drainage systems, including 2 construction projects on  Ba Lo, Xom Cui and Ba Tieng canals (SCIC’s fund transferred to Ho Chi Minh City’s budget) started in 2020 and completed after 2020 and 5 construction projects calling for PPP started and completed after 2020.

- Construction of sewer for control of Kinh river s tide (PPP funding) started and completed after 2020.

3.2.4. The Department of Transport shall speed up implementation of the PPP project on improvement of Xuyen Tam canal by focusing on question tackling to start the construction in 2020.

3.2.5. People’s Committee of Binh Tay district shall speed up implementation of the project on improvement of Ba Tieng canal (SCIC’s fund transferred to Ho Chi Minh City’s budget) which is started in 2020 and completed after such year.

4. Strengthening association and cooperation in science – technology and improving forecast capacity serving flooding reduction and elimination

4.1 The Management Board shall carry out the project on development of the capacity for urban flooding risk integration management (funded by Denmark’s Government by concessional loans) which is expected to be completed by 2020 and the project on management and supervision of the drainage system in Tan Hoa - Lo Gom basin which is expected to be completed by 2019.

4.2 The Department of Construction (the standing body in charge of the flooding reduction program) shall cooperate with the Department of Natural Resources and Environment (the standing steering committee for implementation of the action plan for dealing with climate change), the steering center for urban flood control program in Ho Chi Minh City (the entity in charge) and relevant entities on making a map for warning of flooding risks by 2020.

The Department of Natural Resources and Environment shall take charge and cooperate with the Department of Science and Technology and Department of Information and Communications in developing a database of hydrometeorology by 2020.

4.3. The Department of Science and Technology and other departments shall continue to study and apply modern technologies in the construction of drainage works, wastewater treatment factories, levee, revetment, repair of drainage system without digging technique and reservoirs. Ensure economic sustainability and efficiency and economy in investment and operation expenses, land fund and urban beauty.

4.4. Develop the role of the smart device invented by the center for socio-economic imitation and forecast included in the scheme "Development of Ho Chi Minh City to a smart city in the period of 2017-2020 with visions towards 2025" and use it in combination with software for application on information technology for drainage system management to imitate the flooding in each area and the whole city, provide forecasts and warnings of flooding in the city for the city government to soon work out basic flooding prevention solutions and the citizen to employ methods for preventing and fighting against flooding to slightly reduce partial damage.

5. Developing roles of Vietnamese Fatherland Front and socio-political organizations in propagation and mobilization work

The Department of Information and Communications shall take charge and cooperate with the Department of Natural Resources and Environment, other departments and district government authorities and Vietnamese Fatherland Front as well as socio-political organizations in performing the following tasks during 2019-2020:

5.1 Develop particular solutions to launch a campaign against litter dropping onto roads and canals towards a clean city and flooding reduction conducted by the Committee of Vietnamese Fatherland Front of Ho Chi Minh City in cooperation with Ho Chi Minh City People’s Committee, which specifies sanctions measures for the citizen to understand and comply with the regulations.

5.2 Continue to organize dissemination of knowledge in order to raise people s awareness and encourage people to adopt methods for preventing and dealing with natural disasters for the purpose of reducing losses. Conduct a study and develop programs for dealing with climate change, protecting natural resources and environment integrated with training and education programs offered to students of various educational stages. The Vietnamese Fatherland Front and socio-political organizations shall cooperate with competent authorities in regularly assigning their forces to clean the city s roads, dredge canals, protect the environment and drainage system in residential areas.

5.3. Continue to promote private investment in environment protection, launch inter-environmental protection programs; remind pressing agencies to heighten the sense of responsibility for communications; develop and broadcast the program called "Give a hand for urban flooding reduction”, broadcast one topic for 12 minutes on the radio AM610KHz every Saturday and the program “Urban flooding reduction” on the radio FM 95,6MHz of  The Voice of Ho Chi Minh City People every day from Monday to Sunday; develop and broadcast the program called “Environmentally-friendly lifestyle” on HTV9 channel.

Continue to implement periodic programs set up in 2018 and additional program “Environmentally-friendly lifestyle manual” broadcasted in the last month of 2018.

IV.IMPLEMENTATION

1. Directors of Departments and agencies affiliated to Ho Chi Minh City People’s Committee and Chairpersons of district-level People s Committees shall prepare a particular plan according to the reality and political duties of each entity and local authority in conjunction with implementation of the socio-economic development plan in the period of 5 years from 2016-2020 in order to run this program in an efficient manner; provide guidelines for inspection of performance of various-level Departments and conduct annual review as well as send reports on results of such implementation to the city People s Committee.

2. Establish a steering committee for the urban flooding reduction program in the period of 2016-2020 leaded by Vice Chairperson in charge of urban areas of the city People s Committees and consisting of a standing body governed by Director of Department of Construction which takes responsibility to provide guidelines on maintenance of consistency in plan implementation, regularly supervise, urge, check and handle problems arising during implementation and send a consolidated report to the city People s Committee once every 6 months.

3. If wishing to make any amendment to this Plan during implementation, relevant Departments and local government authorities shall cooperate with the Department of Construction in sending a consolidated proposal to the city People’s Committee for approval.

4. In case of changes in functions, duties or names of entities concerned during the implementation of this plan, such changes shall be made under new regulations./.

(Enclosures:

- Appendix 1: Plans and results of treatment of roads in flood due to rain

- Appendix 1A: Plans and results of treatment of roads in flood due to tide

- Appendix 2: List of programs and schemes

- Appendix 3: Program – cooperation in the study on climate change and training of human resources

- Appendix 4: List of investment projects on the development of drainage systems and flooding settlement funded by Ho Chi Minh City s budget issued together with the Gantt map

- Appendix 5: Summary of construction progress and funding for the flooding reduction program in the period of 2016-2020)