THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
158-TTg
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Hanoi,
March 16, 1995
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DECISION
ON
HANDLING VIOLATIONS OF THE ORDINANCE ON DYKES IN HANOI
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government on the 30th of September 1992;
Considering the report of the Ministry of Water Resources, the Ministry of the
Interior, and the People's Committee of Hanoi city;
In furtherance of the conclusions
made at the session on the 14th of March 1995 chaired by the Prime Minister,
and attended by representatives of the Ministries, Commissions, branches and
localities concerned,
In order to ensure absolute safety for
the portion of dyke protecting Hanoi in the rainy and flood season of 1995 and
in the long term, and to maintain strict national discipline,
DECIDES :
Article 1.- Dykes are an issue of national
safety, the portion of dyke protecting Hanoi is classified as one of special
importance. If broken, it may have incalculable consequences. Thus, ensuring
safety for dykes is of great importance, and strictly handling violations of
the Ordinance on Dykes is to ensure absolute safety for dykes and maintain
strict national discipline.
Article 2.- The implementation of Phase 1 of the
plan to handle violations of the Ordinance on Dykes in Hanoi as proposed by the
Ministry of Water Resources, the Ministry of the Interior, the People's
Committee of Hanoi city, and the branches concerned, includes the following
main contents :
1. Plan for technical handling :
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The Ministry of Water Resources
shall have to ratify the concrete technical design, and to work with the
People's Committee of Hanoi city and the branches concerned to determine the
protective line from the dyke base and the minimum dyke corridors as mentioned
above, and use technical measures to consolidate the dyke before the 30th of
June 1995.
2. Removal plan :
All dwelling houses and projects
currently existing on the dyke surface, the dyke walls and the 5-meter-wide
corridors from the dyke base must be moved to other places to give room for the
technical handling and consolidation of the dyke, to ensure absolute safety for
the dyke, and to facilitate inspection and the organization of timely rescue of
the dyke in case of an accident.
The resettlement of households
and the dismantling of projects must keep pace with the tempo of consolidating
the dyke. The key areas must be cleared first; those projects which seriously
affect the safety of the dyke must be removed immediately. With regard to
historic and cultural relics, they shall be handled in accordance with Article
19 of the Ordinance on Dykes made public on the 16th of November 1989 of the
State Council of the Socialist Republic of Vietnam.
In resettling the households in
the above-mentioned area, it is necessary to make a concrete plan for each
household and consider each specific case, in order to have a fair and proper
aid policy for them, namely :
a/ With regard to those
households who have resided there for a long time, and those households who had
legally used land there before the promulgation of Decree No.429-HDBT on the
15th of December 1990 of the Council of Ministers (now the Government), the
State shall consider granting them part of the expenditure for the
resettlement, and the local administration shall grant them land to build
dwelling houses outside the protective area of the dyke.
b/ With regard to squatters who
have illegally occupied land and built houses without permission or illegally,
they must be strictly dealt with, and compelled to return to their earlier
places or move to other places, without getting any aid.
The People's Committee of Hanoi
city shall have to make a detailed plan and have it implemented. They must
carry it out urgently and resolutely, using all measures from education,
dissemination to explanation to help everybody understand and observe the law,
and to voluntarily dismantle their houses and move to other places for the
common interests. Dissemination and education must be applied in couple with
coercion to those people who deliberately ignore the law.
3. Law enforcement plan :
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In order to handle the
violations rapidly and strictly, and punish the offenders in accordance with
law to maintain strict national discipline, the People's Committee of Hanoi
city, the Ministry of Water Resources and the branches concerned at the central
level must examine the violations and decide administrative sanctions within
their jurisdiction with regard to the administrative violations. With regard to
the violations that should be examined for penal liability, the Ministry of the
Interior shall investigate and punish them according to law.
4. The execution of Phase 1 of
the plan to handle violations of the Ordinance on Dykes as mentioned above is
an urgent measure, the Ministry of Finance and the State Planning Committee
shall have to timely grant the necessary budget as planned by the Ministry of
Water Resources (in the budget plan registered for 1995).
The People's Committee of Hanoi
city shall work with the Ministry of Finance to temporarily grant part of the
financial resources in support of the dismantling of the houses and the
resettlement of people.
5. The Ministry of Water
Resources and the People's Committee of Hanoi city shall have to cooperate with
the branches concerned to conduct a broad explanation and education campaign
among the people on the Ordinance on Dykes, and on the policy and measures to
handle the violations, to help everybody understand and observe the law, thus
ensuring political stability and security, public order and social safety.
Article 3.- While
carrying out Phase 1 of this plan in conformity with the current stipulations
of the Ministry of Water Resources, the People's Committee of Hanoi city must,
together with the branches concerned, draft Phase 2 of the plan for a
comprehensive solution aimed at ensuring complete durability for the portion of
dyke protecting Hanoi, and submit it to the Prime Minister to consider and
decide the method of handling the three categories of constructions mentioned
in Decree No.429-HDBT on the 15th of December 1990 of the Council of Ministers
(now the Government), namely :
- The category of constructions,
which causes serious instability to the dyke, must absolutely be dismantled,
and the part of dyke there must be consolidated and upgraded.
- The category of constructions,
which affects the dyke safety but not to a serious extent, must be removed step
by step, or measures must be taken to prevent them from affecting the dyke
safety.
- The category of constructions,
which little affects the dyke safety, may be allowed to continue to stand, but
the owners must strictly observe the stipulations for the protection of the
dyke.
Pending the drafting of Phase 2
of the plan, the Ministry of Water Resources shall have to cooperate with the
Ministry of Construction, the Ministry of Science, Technology and Environment,
and the People's Committee of Hanoi city to consider how to continue dealing
with the dwelling houses and projects which have been partly dismantled under
Phase 1 of the plan for the 3 above-mentioned categories.
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In the process of implementing
this Decision, if problems arise, the Ministries and the People's Committee of
Hanoi city must report it promptly to the Prime Minister for consideration and
decision.
This decision takes effect from
the date of its signing.
THE PRIME MINISTER
Vo Van Kiet