Decree No. 171/2003/ND-CP dated December 26, 2003 of the Government detailing the implementation of a number of articles of the Ordinance on dykes

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON DYKES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the May 20, 1998 Law on Water Resources;

Pursuant to the August 24, 2000 Ordinance on Flood and Storm Prevention and Combat;

Pursuant to the August 24, 2000 Ordinance on Dykes;

At the proposal of the Minister of Agriculture and Rural Development,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Scope and subjects of application

1. This Decree provides for the activities of management, construction, repair, protection, use, maintenance and salvage of dyke sections already graded.

2. This Decree shall apply to all Vietnamese as well as foreign organizations and individuals engaged in dyke-related activities in Vietnam.

Article 2.- Interpretation of terms

In this Decree, the following terms shall be construed as follows:

1. "River dykes" mean dyke sections along river banks, which prevent flood water and tide water from causing flooding in areas protected by such dyke sections.

2 "Sea dykes" mean dyke sections along coasts or lagoons, which prevent seawater from causing flooding in areas protected by such dyke sections.

3. "Inner dykes" mean dyke sections located in areas protected by river dykes or sea dykes with two ends linking to the outer main dykes and have the reserve effect of preventing river and sea water from causing flooding in the protected areas when the outer dykes are overflowed or broken.

4. "Outbound dykes" mean dyke sections located outside river dykes, which are lower and smaller than the river dykes and have the effect of protecting the economic-residential quarters in the rivers' sandbanks or alluvial plains.

5. "Existing dyke foot" of earth dykes is the point of intersection between dyke taluses or berms and the average natural ground at the time of determining dyke-protection limit markers. For concrete dykes and dykes of other materials, the existing dyke foot is the outermost concrete point of the foundation in dykes' upper reach and lower reach.

6. "Dyke-protecting embankments" mean assorted embankments which are built to directly protect important dyke sections or driving the flows away from the banks, thus having the indirect effect of dyke protection.

7. "Dyke-crossing sluices" means sluices which are built on dykes in service of water supply and drainage across dykes.

8. "Dyke-crossing gates" mean the lowered dyke sections across the dyke, used as traffic roads.

9. "Other support structures" means works in service of dyke management and protection such as works for overflowing incident combat, assorted markers on dykes; dyke-, embankment-, and sluice-protection limit markers; water-level markers; pressure-relief wells; communication lines exclusively used for flood and storm prevention and combat; special-use stations and equipment located inside or outside dyke protection limits for observation of dykes' technical parameters; dyke-watch stations; offices of dyke-management teams; offices of the Flood and Storm Prevention and Combat Commands and warehouses of reserve supplies for flood and storm combat.

10. "Flood diversion" means the activity of proactively driving part of floodwater in a river to another direction.

11. "Flood slowing" means the temporary storage of part of floodwater in a river in a given area.

12. "Dyke maintenance" means activities aimed at ensuring the safety of dykes during flood and storm seasons.

13. "Dyke salvage" means activities of urgent rescue and repair when dykes, embankments or sluices are damaged or seriously threatened.

Article 3.- To assign the Ministry of Agriculture and Rural Development to formulate and approve the standards and prescribe the grade of each dyke section according to the provisions of Article 3 of the Ordinance on Dykes.

Chapter II

DYKE CONSTRUCTION AND REPAIR

Article 4.- The new construction or repair of dykes must comply with the dyke planning already approved by the Ministry of Agriculture and Rural Development.

The Ministry of Agriculture and Rural Development shall have to formulate, approve and provide technical guidance on dyke construction and protection.

Article 5.- The use of obligatory public labor for regular dyke construction and repair according to Clause 1, Article 7 of the Ordinance on Dykes is prescribed as follows:

Basing themselves on the provisions of the Ordinance on Obligatory Public Labor, the People's Committees of the provinces and centrally-run cities (hereinafter referred collectively to as the provincial level) shall direct the formulation of annual plans for submission to the People's Councils of the same level for the latter to decide and direct the mobilization of the local obligatory public workday funds for regular dyke construction and repair.

Article 6.- The investment priority given by the State to dyke construction and repair according to Article 8 of the Ordinance on Dykes is prescribed as follows:

1. Dykes of from grade III to special grade shall be mainly invested with the central budget; meanwhile localities shall have to participate in the investment in the construction and repair of dykes of all grades in their respective localities.

2. Annually, the State shall apportion within the investment capital plan for the Ministry of Agriculture and Rural Development funding for the construction, repair and upgrading of dykes of from grade III to special grade.

3. The provincial-level People's Committees shall decide on the annual investment levels for grade-IV dykes and local dykes.

4. In cases where localities are hit by natural disasters or special difficulties, the Ministry of Agriculture and Rural Development shall consider and provide supports to such localities from the dyke capital source managed by the Ministry itself for restoration and repair of grade-IV dykes.

Chapter III

DYKE PROTECTION AND USE

Article 7.- Dykes' adjacent areas according to Article 9 of the Ordinance on Dykes are prescribed as follows:

1. Adjacent areas:

a/ For river dykes of from grade III to special grade:

For population quarters and urban centers: The protection limit shall be 5 meters from the existing dyke foot to both sides, the river and the field. For other areas: It shall be 20 meters from the existing dyke foot to the river and 25 meters to the field.

b/ For sea dykes: The protection limit shall be 200 meters from the existing dyke foot to the sea and 15 meters to the field.

For sea dykes in areas where exist submerged forests, the protection limit shall be between 200 and 500 meters from the existing forests to the sea, and 15 meters to the field.

c/ For grade-IV dykes, inner dykes, outbound dykes and other local dykes: The protection limit from the existing dyke foot outwards shall be decided by the provincial-level People's Committees.

d/ For dyke-protection embankments:

The protection limit of embankments directly protecting river dykes and sea dykes shall be 50 meters from the outermost concrete points to each side.

e/ For dyke-crossing sluices: The protection limit of sluices of the systems of river dykes and sea dykes shall be 50 meters from the outermost concrete points to each side.

f/ For drilling and digging activities outside dyke protection limits: Each 1-meter depth of the drilling as compared with the natural ground shall require a distance of 10 meters away from dyke protection limits for dyke sections with normal geological foundation and 200 meters for dyke sections with bad geological foundation where soil is usually pushed out in flood seasons, except for special cases where it is so permitted by competent State agencies.

2. In special cases where it is necessary to change dyke protection limits prescribed in Clause 1 of this Article, the Minister of Agriculture and Rural Development shall report thereon to the Prime Minister for consideration and decision.

Article 8.- Other special works prescribed in Clause 3, Article 11 of the Ordinance on Dykes include:

1. Dyke-crossing gates.

2. Pumping stations, sluices, ship docks.

3. Underground works in service of dyke safety, security, defense and socio-economic development.

4. Systems of underground water-exploiting wells in service of common welfare and economic interests.

5. Assorted pipelines: electricity, optic cables, oil, gas and water pipelines.

6. Historical and cultural relics and old urban quarters which need to be protected and/or maintained.

Article 9.- The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Communications and Transport in, specifying the permissible tonnage for vehicles running on dykes as prescribed in Clause 6, Article 11 of the Ordinance on Dykes.

Article 10.- The handling of existing houses and works in dyke protection limits before the effective date of the Ordinance on Dykes (January 1, 2001) according to Article 18 of the Ordinance on Dykes is prescribed as follows:

1. In furtherance of Item a, Clause 1, Article 18 of the Ordinance on Dykes, existing houses and works on dyke surface, taluses and berms and within 5 meters from the existing dyke foot outwards for dykes of all grades must be relocated, except for special-use works prescribed in Clause 3, Article 11 of the Ordinance on Dykes and other special works prescribed in Article 8 of this Decree.

2. Houses and works located 5 meters away from the existing dyke foot to the end of the dyke protection limit to the field may be kept for continued use, renovation and repair, but the expansion thereof must not be made; the renovation and repair thereof shall be decided by the provincial-level People's Committees.

3. Houses and works located 5 meters away from the existing dyke foot to the end of the dyke protection limit to the river and houses and works in rivers' sandbanks or alluvial plains shall be handled as follows:

a/ Houses and works which do not directly affect the flood drainage may be kept for continued use, renovation and repair, but the expansion thereof must not be made; the renovation and repair thereof shall be decided by the provincial-level People's Committees.

b/ Houses and works which directly affect the flood drainage and are located in areas adjacent to the riverbanks, low-lying areas lower than level-2 alarm or areas where exist flow changes which cause landslide, must be relocated or planned for renovation so as to ensure the regulations on flood drainage.

The provincial-level People's Committees shall have to direct the formulation and implementation of plans on relocation of houses and works in dyke protection limits or plannings on the renovation thereof, thus ensuring dyke safety and regulations on flood drainage; at the same time, depending on each specific case, to work out policies on compensation for damage or provision of support for organizations and/or individuals having their houses and works dismantled or relocated according to law provisions.

Article 11.- The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, formulating and submitting to the Government for promulgation the Regulation on organization, tasks, powers and uniforms of the specialized dyke management forces prescribed in Article 20 of the Ordinance on Dykes.

Chapter IV

DYKE MAINTENANCE

Article 12.- The flood diversion and slowing according to Article 24 of the Ordinance on Dykes is prescribed as follows:

1. The flood diversion and slowing shall comply with the specific provisions of the Regulation on flood diversion and slowing, issued together with the Government's Decree No. 62/1999/ND-CP of July 31, 1999.

2. The Ministry of Agriculture and Rural Development shall have to direct the planning on flood diversion and slowing as well as measures to ensure the safety of dykes of from grade III to special grade; to determine the order of administering flood-diverting and/or -slowing areas in cases where big floods exceed design flood levels or flood-related emergency circumstance occurs.

3. The provincial-level People's Committees shall have to work out plans on flood diversion and slowing as well as measures to ensure the safety of dykes of various grades in their respective localities so as to promptly cope with big floods exceeding the design flood levels and flood-related emergency circumstances. The Ministry of Agriculture and Rural Development shall have to appraise plans and solutions of the provincial-level People's Committees and submit them to the Prime Minister for approval.

4. The provision of support to overcome flooding consequences and allowances for people in areas determined as flood-diverting and/or -slowing areas shall comply with the Prime Minister's policies on support for flood-diverting and/or -slowing areas.

Article 13.- Competence to mobilize supplies, means and forces for dyke maintenance and salvage according to Article 25 of the Ordinance on Dykes is prescribed as follows:

1. The presidents of the People's Committees and the heads of the Flood and Storm Prevention and Combat Commands of the provincial level shall have to mobilize in time forces, supplies and means of the State, localities as well as organizations and individuals in their respective localities in order to salvage and ensure the safety of dykes.

2. The presidents of the People's Committees and the heads of the Flood and Storm Prevention and Combat Commands of the district level shall have to mobilize in time forces, supplies and means of the State, localities as well as organizations and individuals in their respective localities in order to salvage and ensure the safety of dykes. The mobilization of the State's reserve supplies for flood and storm prevention and combat in the localities must be decided by the presidents of the People's Committees or the heads of the Flood and Storm Prevention and Combat Commands of provincial or higher levels.

3. The presidents of the commune-level People's Committees shall have to mobilize in time forces, supplies and means of the localities as well as local organizations and individuals in order to handle dyke-related incidents right at the initial stage; and at the same time, to report thereon to their immediate superior levels for the latter to promptly render support and salvage, thus ensuring dyke safety.

4. When incidents occur thus causing direct threats to the safety of dykes, the commanders of the competent State agencies prescribed by law shall have the right to order the mobilization of supplies and means for dyke maintenance and salvage and have to bear responsibility for their decisions; after handling the incidents, they must inspect the results of the use of the above-stated supplies and means and carry out procedures for submission to competent authorities the return thereof to, or compensation for, organizations and individuals having their supplies and means mobilized.

5. In emergency circumstances where land should be used for flood, storm and natural disaster prevention and combat, localities may requisition land according to law provisions. The competence to requisition land, the return of land and compensation for persons having their land requisitioned shall comply with the provisions of the Land Law.

Chapter V

STATE MANAGEMENT OVER DYKES

Article 14.- Assignment of responsibility for, and decentralization of, the State management over dykes according to Article 27 of the Ordinance on Dykes are prescribed as follows:

1. The Ministry of Agriculture and Rural Development:

a/ To direct the provincial-level People's Committees and coordinate with ministries and branches in formulating and realizing plannings and plans on dyke construction, repair, protection, use, maintenance and salvage.

b/ To formulate and submit to competent authorities for promulgation or to promulgate according to its competence legal documents on dykes and prescribe design water levels for each dyke section.

c/ To synthesize and manage information and data on dykes nationwide and organize the research into, and development of, sciences and technologies on dyke construction and protection.

d/ To grant, withdraw and extend permits or written consents according to the provisions of Articles 13, 14 and 15 of the Ordinance on Dykes.

e/ To decide according to its competence or to submit to the Prime Minister for decision the mobilization of forces, supplies and means for dyke maintenance and salvage, and overcoming of consequences caused by floods and storms to dykes.

f/ To establish and develop international cooperation relations in the field of dykes.

g/ To direct and guide the provincial-level People's Committees to establish the people's forces for dyke management outside the State's payroll.

h/ To assume the prime responsibility for, and coordinate with the ministries, branches and localities in, disseminating and educating dyke legislation.

i/ To organize specialized dyke inspection; and to settle according to its competence complaints and denunciations against violations of dyke legislation.

2. The Ministry of Natural Resources and Environment shall have to assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and concerned ministries and branches in, directing, guiding and inspecting the permitted exploitation of sand, stone and gravel in rivers and streams, and to coordinate with the provincial-level People's Committees in preventing the exploitation without permits which cause unsafety to dykes.

3. The Ministry of Industry shall have to assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and concerned ministries and branches in, formulating and realizing plans on ensuring the safety of hydroelectric-power plants and observing the process of flood regulation by reservoirs as prescribed.

4. The Ministry of Communications and Transport shall have to assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and the provincial-level People's Committees of the localities where dykes exist, in:

a/ Working out plannings on waterway traffic channels, on bridges spanning rivers and streams so as to ensure the flood-drainage capacity thereof, on works in service of waterway traffic, and on the renovation of dyke surfaces which are also used as traffic roads on the principles of giving priority to the assurance of dyke safety and flood drainage, avoiding landslide in adjacent areas.

b/ Formulating plans on preparation of means and supplies and plans on ensuring traffic safety in service of dyke salvage in flood and storm seasons; directing the placing of land-road signals on dykes which are also used as traffic roads and the installation of inland waterway signals on inland waterway routes related to dyke safety; and inspecting the implementation of such regulations.

5. The Ministry of Construction shall assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development, the provincial-level People's Committees as well as the concerned ministries and branches in, providing technical guidance on the renovation and repair of existing houses and works in dyke protection limits, rivers' sandbanks or alluvial plains allowed to be kept for continued use according to the provisions in Article 18 of the Ordinance on Dykes.

6. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development in, allocating funding for the realization of solutions to cope with floods exceeding the design level or flood-related emergency circumstances. Funding for investment in projects on the construction, repair, management, protection, maintenance and salvage of dykes, sweeping flood-prone areas, and flood-harboring, -diverting and/or -slowing areas shall be arranged in a separate item.

7. Annually, the Ministry of Finance shall allocate an amount of funding for the irregular handling and overcoming of consequences caused to dykes before, during and after each period of rain, floods and storms; and assume the prime responsibility for, and coordinate with the Ministry of Agriculture and Rural Development and concerned ministries and branches in:

a/ Guiding the compensation as well as tax exemption and reduction for organizations and individuals having their land used for the construction and repair of dykes and works for flood and storm prevention and combat.

b/ Formulating and promulgating according to its competence or submitting to competent State agencies for promulgation mechanisms and policies for forces performing dyke patrol, guard, maintenance and salvage as well as the policies on compensation for damage caused to supplies and means mobilized for dyke salvage.

8. The Ministry of Defense shall have to coordinate with the Ministry of Agriculture and Rural Development as well as the provincial People's Committees in directing and inspecting the organization of forces, means and plans for dyke maintenance and salvage.

9. The Ministry of Public Security shall have to coordinate with the Ministry of Agriculture and Rural Development and the provincial People's Committees in directing and guiding police forces to formulate and implement plans on ensuring order and safety in important dyke areas and flood-diverting and/or -slowing areas during the flood and storm seasons; and to inspect, check and handle violations of dyke legislation.

Article 15.- Specialized dyke inspectorate according to Article 30 of the Ordinance on Dykes is prescribed as follows:

1. Tasks of dyke inspectorate:

a/ To examine the implementation of the legislation on dykes as well as on flood and storm prevention and combat.

b/ To examine the formulation and implementation of plannings and plans on dyke construction, repair, management, use and salvage.

c/ To examine the management and use of reserve supplies for flood and storm prevention and combat.

d/ To examine the granting and withdrawal of permits or written consents for activities related to dyke safety and flood drainage, as well as the implementation of contents therein.

e/ To examine the management, operation and protection of flood-regulating, -diverting, -slowing, and/or -draining works as well as other works related to dyke safety.

f/ To settle dyke-related complaints and denunciations.

2. The Minister of Agriculture and Rural Development shall submit to the Government for promulgation a decree on organization and operation of the specialized dyke inspectorate.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 16.- This Decree takes effect 15 days after its publication in the Official Gazette.

This Decree replaces Decree No. 429/HDBT of December 15, 1990 of the Council of Ministers guiding the implementation of the 1989 Ordinance on Dykes.

To annul all previous regulations contrary to this Decree.

Article 17.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the provincial/municipal People's Committees shall have to implement this Decree.