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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
79/2006/QH11
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Hanoi,
November 29, 2006
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LAW
ON DIKES
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly,
the 10th session;
This Law provides for dikes.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law
provides for anti-flood plannings of diked rivers, dike plannings, dike
construction, repair, upgrading and solidification investment, dike management
and protection, dike maintenance and use.
Article 2.- Subjects of application
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Article 3.- Interpretation of terms
In this Law,
the terms below are construed as follows:
1. Dikes mean
works preventing river floods or sea water, which are classified and
decentralized by competent state bodies according to the provisions of law.
2. Regulatory
dikes mean systems of works consisting of dikes, dike embankments, dike culverts
and support facilities.
3. River
dikes means those that prevent river floods.
4. Sea dikes
means those that prevent sea water.
5.
River-mouth dikes mean dikes of transition between river dikes and sea dikes or
coasts.
6.
Surrounding dikes means those that protect exclusive zones.
7. Auxiliary
dikes means those that protect areas lying riverwards outside river dikes.
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9. Dike
embankments mean works constructed to protect dikes against land crumbles and
slides.
10. Dike
culverts mean works constructed across dikes for water supply or drainage or
for combined waterway traffic.
11.
Supporting facilities mean works built in service of dike management and
protection, including works for accidental spills; dike marker posts, boundary
posts, dike signboards, water-level poles, pressure-alleviation wells,
technical parameter-observation posts and equipment in service of dike
management; dike watch stations, anti-flood and -storm reserve supply warehouses
and yards, dike management offices, anti-flood and -storm command posts;
flood-diverting or -slowing works; dike protection breakwater tree stretches.
12. Foot of
earthen dike is the inter-section between a dike talus and natural land
surface, which is determined at the time a competent state body determines the
dike protection corridor limit markers. The foot of dike made of concrete or
other materials is the outmost construction position of the works' foundation.
13.
Dike-crossing sluice gates are works crossing dikes in service of land and
railway traffic.
14. Flood
diversion means diverting part of river flood water to other flow directions.
15. Flood
slowing means the temporary storage of part of river flood water in designated
areas.
16. Special
works mean those relating to dike safety, including defense, security, traffic,
irrigation works, underground works in service of socio-economic development,
system of groundwater-exploiting wells; dike-crossing sluice gates, pumping
stations, dockyards, historical or cultural relics, ancient street quarters or
villages; population quarters or lines in flood-prone areas and islets.
17. Dike
maintenance means activities aiming to ensure dike safety, including the rescue
of facilities relating to regulatory dike safety.
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19. Sand
expand, islets mean land areas emerging within river beds.
20. Riverbed
means the scope between two banks of a river.
21. Designed
flood water level means the standard flood water level used for designing dikes
and relevant works, approved by competent state bodies.
22. Designed
flood flow means the flood flow of a river corresponding to the designed flood
water level.
Article 4.- Dike classification and grading
1. Dikes are
classified into river dikes, sea dikes, river-mouth dikes, auxiliary dikes,
surrounding dikes and special-use dikes.
2. Dikes are
ranked into special grade, grade I, grade II, grade III, grade IV and grade V
according to their importance from high to low.
3. Dike
classification criteria include:
a/ Number of
people protected by a dike;
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c/ Flood and
storm characteristics of each region;
d/ Area and
scope of administrative land boundaries;
e/ Average
submerging level of population quarters against the designed flood water level;
f/ Designed
flood flow.
4. The
Government shall specify the grade of each dike line.
Article 5.- Principles for activities in the dike domain
1. Ensuring
sustainable development, defense and security; protecting the people’s lives
and property and the national sovereignty and interests; contributing to
socio-economic development.
2. Protecting
dikes is the responsibility of all people, state agencies, organizations and
individuals.
3. Abiding by
the approved anti-flood planning, dike planning; ensuring systematicity,
uniformity, synchronism and flood drainage capability of the entire rivers;
synchronously combining overall solutions regarding the planting and protection
of headwater forests, the construction of water reservoirs upstream, the
removal of obstacles, dredging of rivers, flow clearance, and flood diversion
and slowing.
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Article 6.- State policies on dikes
1. To invest
in dike construction and maintenance and prioritize investment in key dike
systems, dike-cum-defense-security systems.
2. To
encourage and create conditions for domestic and foreign organizations and
individuals to invest in research and application of advanced sciences and
technologies in combination with traditional measures to the construction,
maintenance, upgrading, solidification and protection of dikes, then proceed to
apply active anti-flood measures.
3. To
encourage organizations and individuals to build, maintain, upgrade, solidify
and protect dikes in combination with socio-economic development; to protect
the lawful interests of organizations and individuals investing in this domain.
4. To support
the overcoming of flood and storm consequences, upgrade infrastructures for
areas affected by flood diversion or slowing, flood-prone residential areas;
set aside a budget for handling of dike incidents before, during and after each
spell of rain, flood, storm.
Article 7.- Prohibited acts
1. Destroying
dikes.
2. Exploding
or destroying dike bodies, except for emergency cases where competent
authorities defined in Article 34 of this Law decide on such explosion or
destruction in order to divert or slow flood for dike protection.
3. Operating
in contravention of technical regulations flood-diverting or -slowing
facilities, dike-culverts, works for accidental spills, dike-crossing gates,
pump stations, dry-docks within dike protection areas.
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5. Building
works, dwelling houses within regulatory dike protection areas, excluding works
in service of flood and storm prevention and fighting, supporting facilities
and special works.
6. Driving
motorized vehicles beyond the tonnage level permitted for travel on dikes;
driving motorized vehicles on dikes where there are ban signboards in case of
dike incidents, floods or storms, excluding vehicles used for dike examination
and protection, vehicles performing defense, security tasks, ambulances,
fire-fighting engines.
7. Dumping
wastes within regulatory dike protection areas, river stretches, riverbeds;
storing materials on dikes, excluding supplies reserved for flood and storm prevention
and fighting.
8.
Appropriating, illegally using or removing reserve supplies for flood and storm
prevention and fighting.
9. Destroying
dike protection breakwater trees, except for the case of exploiting breakwater
trees defined in Clause 2, Article 29 of this Law.
10.
Exploiting earth, rock, sand, cobble, other minerals; digging ponds, wells
within regulatory dike protection areas and conducting other activities
obstructing river flows and flood drainage.
11. Using for
wrong purposes budgetary investments in the construction, maintenance,
upgrading, solidification and protection of dikes.
Chapter II
DIKE CONSTRUCTION,
MAINTENANCE, UPGRADING AND SOLIDIFICATION PLANNINGS AND INVESTMENT
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Article 8.- Principles and grounds for elaboration of
anti-flood plannings of diked rivers
1. The
principles for elaboration of anti-flood plannings of diked rivers are provided
as follows:
a/ Being
consistent with overall socio-economic development plannings; defense and
security objectives; natural disaster prevention, fighting and reduction
strategy; anti-flood plannings of river basins;
b/ Ensuring
to drain designed floods and historical floods of the rivers;
c/ Ensuring
the uniformity and suitability with each region, each zone nationwide and
inheriting the anti-flood plannings of diked rivers.
2. Grounds
for elaboration of anti-flood plannings of diked rivers include:
a/ Long-term
flood forecasts;
b/ Natural,
socio-economic conditions;
c/ Current
status of dike systems;
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Article 9.- Contents of anti-flood plannings of diked rivers
1. To
determine the anti-flood orientations, objectives and technical norms of river
systems so as to elaborate and implement the anti-flood plannings of diked
rivers.
2. To
determine the designed floods of rivers, including upstream designed floods and
designed flood water levels.
3. To
determine technical solutions of the anti-flood plannings of diked rivers,
including:
a/
Construction of upstream water reservoirs;
b/ Planting
of headwater protective forests and dike protection breakwater trees;
c/
Construction, maintenance and consolidation of dikes;
d/
Identification of flood-diverting or -slowing zones, capability to divert floods
into other rivers;
e/ Clearing
of river flows;
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4. To
anticipate the environmental impacts of the anti-flood plannings of diked
rivers and propose measures to minimize the adverse impacts on the environment.
5. Measures
to organize the realization of the anti-flood plannings of diked rivers.
Article 10.- Adjustment of anti-flood plannings of diked
rivers
1. The
anti-flood plannings of diked rivers shall be reviewed and supplemented
periodically once every ten years or upon the occurence of incidents due to
natural disasters or changes in the overall socio-economic development
planning, defense and security objectives, natural disaster prevention,
fighting and reduction strategy.
2. The
adjustment of anti-flood plannings of diked rivers shall be effected under the
provisions of Article 8 of this Law.
Article 11.- Responsibilities to formulate and adjust
anti-flood plannings of diked rivers
1. The
Ministry of Agriculture and Rural Development shall formulate and adjust the
anti-flood plannings of diked rivers nationwide.
2.
Provincial-level People's Committees shall formulate and adjust the anti-flood
planning of each diked river under their respective local management.
Article 12.- Competence to approve anti-flood plannings of
diked rivers and to approve adjustments thereto
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2.
Provincial-level People's Councils approve the detailed anti-flood planning of
each diked river under their respective local management and approve
adjustments thereto which are submitted by provincial-level People's Committees
after obtaining the agreement of the Ministry of Agriculture and Rural
Development.
Article 13.- Publicization and direction of the realization
of anti-flood plannings of diked rivers and adjustments thereto
1. Within
thirty days after the anti-flood plannings of diked rivers are approved by
competent state bodies, the Ministry of Agriculture and Rural Development shall
publicize the national anti-flood plannings of diked rivers and adjustments
thereto and People's Committees at all levels shall publicize their local
anti-flood plannings of diked rivers at their offices throughout the planning
period for organizations and individuals to know and implement them.
2. Based on
the anti-flood plannings of diked rivers and adjustments thereto which are
approved by competent state bodies, relevant ministries, ministerial-level
agencies and provincial-level People's Committees shall direct and coordinate
the implementation of these anti-flood plannings of diked rivers.
SECTION 2. DIKE PLANNINGS
Article 14.- Principles and grounds for formulation of dike
plannings
1. The
principles for formulation of dike plannings are provided for as follows:
a/ Dike
plannings must be in line with the overall socio-economic development
plannings; the defense and security objectives; the natural disaster
prevention, fighting and reduction strategy and the anti-flood plannings of
diked rivers; ensure uniformity in the dike system and continuity of dike
plannings;
b/ Sea dike
plannings must ensure the fight against storms and tidal waves under technical
norms on sea dike designs and cover areas for the planting of breakwater trees;
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2. Grounds
for formulation of dike plannings include:
a/ The
natural, socio-economic conditions and the requirements to maintain defense and
security;
b/ The
natural disaster prevention, fighting and reduction strategy;
c/ The
anti-flood plannings of diked rivers;
d/ The situation
on implementation of previous dike plannings and forecasts on demands for dike
construction, repair, upgrading and solidification;
e/ The land
use planning and other relevant plannings.
Article 15.- Contents of dike plannings
1.
Determining the tasks of dikes.
2.
Determining the technical parameters of dikes.
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4.
Determining land areas reserved for dike construction, repair, upgrading and
solidification.
5. Determining
solutions to implementation of plannings.
6. Projecting
items prioritized for implemen-tation, resources for implementation.
7.
Anticipating environmental impacts of the plannings implementation and propose
measures to minimize adverse impacts on environment.
Article 16.- Adjustment of dike plannings
1. Dike
plannings shall be reviewed and supplemented periodically once every ten years
or upon the occurrence of incidents due to natural calamities, changes in
anti-flood plannings, overall socio-economic development plannings, defense and
security objectives.
2. The
adjustment of dike plannings shall be effected under the provisions of Article
14 of this Law.
Article 17.- Responsibilities to formulate and adjust dike
plannings
1. The
Ministry of Agriculture and Rural Development shall formulate and adjust the
dike plannings of regions, zones and the whole country.
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3.
Provincial-level People's Committees shall formulate and adjust plannings on
dikes under local management.
4. The order
and procedures for formulation and adjustment of dike plannings comply with the
guidance of the Ministry of Agriculture and Rural Development.
Article 18.- Competence to approve dike plannings, approve
the adjustment of dike plannings
1. The
Government approves the dike plannings of regions, zones and the whole country
and approves adjustments thereto which are submitted by the Ministry of
Agriculture and Rural Development.
2. The
Ministry of Agriculture and Rural Development approves the dike plannings and
adjustments thereto which are submitted by ministries, ministerial-level
agencies or provincial-level People's Committees.
Article 19.- Publicization and direction of the realization
of dike plannings and adjustments thereto
1. Within
thirty days after their respective dike plannings or dike planning adjustments
are approved by competent state bodies defined in Article 18 of this Law,
People's Committees of all levels shall publicize them at their offices
throughout the planning period for organizations and individuals to know and
implement them.
2. Based on
the approved dike plannings or planning adjustments, ministries,
ministerial-level agencies having special-use dikes and provincial-level
People's Committees shall direct the implementation thereof.
3. Based on
the approved dike plannings or planning adjustments, provincial-level People's
Committees shall direct the organization of planting of construction limit and
dike protection scope markers.
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Article 20.- Dike construction, repair, upgrading and
solidification
1. Dike construction,
repair, upgrading and solidification are carried out when so decided by
competent state bodies defined in Clauses 3 and 4 of this Article.
2. Dike
construction, repair, upgrading and solidification must comply with technical
norms on dikes and other relevant provisions of law.
3. The
Ministry of Agriculture and Rural Development shall decide according to its
competence the investment in construction, repair, upgrading and solidification
of dikes nationwide; inspect and monitor the realization of technical norms on
dikes.
4.
Provincial-level People's Committees shall decide according to their
competence, direct and organize the investment in construction, repair,
upgrading and solidification of dikes in their localities.
Article 21.- Provisions on land used for dike construction,
repair, upgrading or solidification
1. Land used
for dike construction, repair, upgrading or solidification is provided for as
follows:
a/ When the
State uses the land within the dike protection areas for dike construction,
repair, upgrading or solidification, the users of that land are entitled to
compensation or supports for crops and property on land;
b/ When the
State recovers land outside the dike protection areas for construction of new
dikes or expansion of existing dikes and that land becomes situated inside the
dike protection areas, the users of that land are entitled to compensation or
support for land, crops and property on land;
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2.
Compensation and supports for persons with land recovered or exploited as
provided in Clause 1 of this Article comply with the provisions of land law.
3. People's
Committees at all levels shall, within the ambit of their respective tasks and
powers, clear the grounds; investors shall pay compensations for damage.
Article 22.- Investment in dike construction, repair,
upgrading or solidification
1. Investment
in dike construction, repair, upgrading or solidification shall be made in line
with dike plannings, the law on investment and the law on construction.
2. Annual
budget plans for investment in dike construction, repair, upgrading or
solidification constitute separate items and are provided for as follows:
a/ Central
budget is used for investment in dikes of special grade, grade I, grade II and
grade III and as support for dikes of grades IV and V;
b/ Local
budget is used for investment in dikes of all grades in localities.
Chapter III
DIKE PROTECTION AND USE
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1. The dike
protection scope covers dikes, dike embankments, dike culverts, supporting
facilities, dike protection corridors.
2. The dike
protection corridor is provided as follows:
a/ The dike
protection corridor for dikes of special grade, grade I, grade II and grade III
at locations where dikes run through residential areas, urban centers or
tourist resorts is 5 meters from the dike foot outwards to the river and the
field; the dike protection corridor at other locations is 25 meters outwards
from the dike foot to the river, 20 meters towards the river, for river dikes
and 200 meters towards the sea, for sea dikes;
b/ The dike
protection corridor for dikes of grade IV and grade V is provided for by
provincial-level People's Committees but must not be shorter than 5 meters from
the dike foot outwards to the river and the field.
3. The
protection corridor for dike embankments or dike culverts is 50 meters on each
side from the last construction sections of the dike embankments or culverts.
4. The
expansion, if necessary, of the dike protection corridor in areas where land is
swollen or bubbled up or is likely to swell or bubble up, thus threatening the
dike safety, is decided by provincial-level People's Committees.
5.
Provincial-level People's Committees shall organize the planting of dike
protection boundary markers on the field.
Article 24.- Dike-protection responsibilities
1. Upon
detecting acts or natural impacts which cause harms to or threaten the safety
of dikes, organizations and individuals shall immediately report thereon to the
nearest People's Committees or local dike management state bodies for timely
prevention and handling measures.
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Article 25.- Grant of permits for dike-related activities
1. The
following activities are subject to permission of provincial-level People's
Committees:
a/ Cutting,
sawing dikes for work construction within the dike protection scope;
b/ Drilling,
digging within the dike protection scope;
c/ Building
culverts across dikes; building special works within the dike protection scope,
river stretches, riverbeds;
d/ Building
underground works; drilling, digging for groundwater tapping within one
kilometer from the outer edge of the dike protection scope;
e/ Using
dikes, dike embankments, dike culverts as places for mooring or anchoring
ships, boats, rafts;
f/ Exploiting
earth, rock, sand, cobble or other minerals on riverbeds;
g/ Leaving
materials. exploiting earth, rock, sand, other minerals, digging ponds or wells
on riverbeds;
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2. The grant
of permits for activities specified in Clause 1 of this Article shall be based
on dike technical norms and construction technical norms promulgated by
competent state management bodies; the grant of permits for activities
specified at Points a, b and c, Clause 1 of this Article for dikes of special
grade, grade I, grade II or grade III must be approved in writing by the
Ministry of Agriculture and Rural Development.
3.
Provincial-level People's Committees have the following responsibilities:
a/ To post up
and guide the regulations on grant of permits;
b/ To examine
the regularity and legality of dossiers of application for permits for
activities defined in Clause 1 of this Article;
c/ To grant
permits or reply in writing cases of failure to fully meet the conditions for
grant of permits or non-grant of permits within 20 days at most after the
receipt of complete and valid dossiers;
d/ To inspect
the observance of permits and activities without permits, suspend activities
and withdraw permits when permit grantees violate the provisions of this Law;
e/ To settle
complaints and denunciations about the grant of permits in accordance with the
law on complaints and denunciations.
4. Persons
competent to grant permits bear responsibility for their decisions according to
the provisions of law.
5. Permit
grantees have the following rights and obligations:
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b/ To request
agencies competent to grant permits to give explanations and guidance and to
strictly observe the regulations on grant of permits; to complain about or
denounce violations of law in the grant of permits.
Article 26.- Use of river stretches where exist no
construction works
1. For the
construction of flood-diverting or flood-slowing works, dike embankments, boundary
marker posts, assorted dike signboards, water level poles, stations for
observation of technical parameters on dikes, anti-flood and- storm reserve
supply storage yards and planting of dike protection breakwater trees.
2. For the
construction of defense and security works, traffic or irrigation works,
underground works in service of socio-economic development, groundwater tapping
well systems, pump stations, dry-docks.
3. For the
construction of works under investment projects approved by the Prime Minister
as provided for in Clause 4 of this Article.
The permitted
construction works must concurrently satisfy the following conditions:
a/ Lying
outside the dike protection areas;
b/ Complying with
anti-flood plannings of diked rivers, dike plannings, land use plannings and
construction plannings, which have been approved by competent state bodies;
c/ The
construction of works must not reduce beyond the allowed limit the designed
flood flow; must not increase beyond the allowed limit the designed flood water
level; must not affect the flows of adjacent, upstream and downstream areas;
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4.
Provincial-level People's Committees shall direct the formulation of investment
projects on construction of works defined in Clause 3 of this Article and
submit them to the Ministry of Agriculture and Rural Development for appraisal
before submitting them to the Prime Minister for approval.
5.
Provincial-level People's Committees shall grant permits for construction
activities defined in Clauses 2 and 3 of this Article.
6. The
Government shall detail the implementation of this Article.
Article 27.- Handling of works, dwelling houses currently
existing in dike protection areas and river stretches
1. Based on
the anti-flood plannings of the diked rivers already approved by competent
state bodies, provincial-level People's Committees shall direct the formulation
of, and approve the schemes on adjustment of land use plannings and
construction plannings of river stretches.
2. Based on
the adjusted plannings defined in Clause 1 of this Article, the handling of
existing works and dwelling houses in dike protection areas and in river
stretches is provided as follows:
a/ Works and
dwelling houses existing in areas hit by land slides and works and dwelling
houses in dike protection areas must be removed, excluding supporting
facilities and special works prescribed by this Law;
b/ Existing
works and dwelling houses inconsistent with the plannings must be removed;
pending the removal, repair and renovation can be made to ensure safety for the
lives and properties of people but the flooring space thereof must not be
expanded;
c/ Existing
works and dwelling houses consistent with the plannings can be repaired,
renovated, upgraded or replaced with new ones.
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4.
Organizations and individuals whose works or dwelling houses must be removed
are considered for damage compensations or financial supports according to the
provisions of law.
5. The
Government shall specify the removal of works and dwelling houses defined at
Points a and b of Clause 2 and Clause 4 of this Article.
Article 28.- Construction and renovation of traffic works
related to dikes
1.
Organizations and individuals that construct or renovate traffic works related
to dikes shall comply with the following regulations:
a/
Dike-cum-roads must ensure dike safety; dikes renovated for combined use as
roads shall be maintained and repaired according to technical standards of
dikes and technical standards on traffic;
b/ The
construction of bridges spanning diked rivers must be accompanied with viaducts
running over river stretches to ensure smooth flow and dike safety as provided
for by this Law and ensure waterway traffic under the provisions of law on
inland waterway traffic; construction materials, discarded materials and
makeshifts must not affect the flow and must be removed after the completion of
works.
2. The
construction or renovation of traffic works related to dikes specified in
Clause 1 of this Article must be approved in writing by provincial-level
People's Committees, for works affecting a province; or by the Ministry of
Agriculture and Rural Development, for works affecting two or more provinces.
Article 29.- Use of dike protection corridors, dike
embankments, dike culverts
1. Land in
dike protection corridors, dike embankments or dike culverts is also used as
roads or planted with breakwater trees, rice or cash crops.
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Article 30.- Protection and use of existing cultural and
historical relics or scenic places in dike protection areas and river stretches
The
protection and use of existing cultural and historical relics as well as scenic
places in dike protection areas or river stretches shall comply with the
provisions of this Law, the law on cultural heritages, the law on tourism and
the law on environmental protection.
Article 31.- Allowed tonnages of vehicles traveling on dikes
and dike signboards
The Ministry
of Agriculture and Rural Development shall specify the allowed tonnages, the
grant of permits for motorized vehicles traveling on dikes and forms of dike
signboards.
Chapter IV
DIKE MAINTENANCE
Article 32.- Dike maintenance and salvage of works related to
the safety of dikes
1. Dike
maintenance shall be carried out regularly, particularly in the flood and storm
seasons and dikes shall be salvaged promptly upon incidents or threats of
incident.
2. The
salvage of works related to dike safety is the same as dike maintenance specified
in Articles 35 and 36 of this Law.
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In rainy and
flood seasons, flood-cutting or -reducing water reservoirs must be regulated to
cut or reduce floods for downstream areas. The flood cutting or reduction must
ensure safety for works and comply with technical standards on the operation of
water reservoirs promulgated by competent state agencies.
Article 34.- Competence to divert or slow floods for dike
maintenance
1. The Prime
Minister decides to divert or slow floods for dike maintenance in cases where
the flood diversion or slowing affects two or more provinces.
2.
Provincial-level People's Committee presidents decide to divert or slow floods
for dike maintenance in cases where the flood diversion or slowing only affects
their localities.
Article 35.- Mobilization of forces, supplies and means for
dike maintenance
1. When dikes
or relevant works face incidents or threats of incidents, presidents of
People's Committees at various levels shall mobilize forces, supplies and means
for dike protection and salvage according to the competence defined in Clause 2
of this Article; decide on and organize the relocation population from danger
areas for safety.
2. The
competence to mobilize forces, supplies and means is provided for as follows:
a/ Presidents
of provincial-level People's Committees and heads of provincial-level anti-
flood and-storm boards have the right to promptly mobilize forces, supplies and
means of the State, localities, organizations and individuals in their
respective localities to salvage and ensure safety for dikes; may mobilize
anti-storm and -flood reserve supplies of the central government in their
respective localities; if it is beyond their capacity, they shall report thereon
to the Prime Minister for mobilization decision;
b/ Presidents
of district-level People's Committees and heads of district-level anti-flood
and -storm boards have the right to promptly mobilize forces, supplies and
means of their respective localities, of organizations and individuals in their
localities for dike salvage and safety assurance; if it is beyond their
capacity, they shall report thereon to provincial-level People's Committee
presidents for mobilization decision;
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d/ When
incidents occur, directly threatening the dike safety, heads of the central
anti-flood and -storm board, heads of central agencies being members of the
central anti-flood and- storm board have the right to order the mobilization of
forces, supplies and means of organizations and individuals for dike
maintenance and shall bear responsibility for their respective decisions;
e/ In case of
emergency against floods, storms or other natural disasters, which requires the
use of land, presidents of provincial- or district-level People's Committees
have the right to requisition land. The land requisition and return and
compensation for people having their land requisitioned shall comply with the
provisions of law on land.
3. After
handling the incidents, the persons who ordered the mobilization of forces,
supplies and means must check the use thereof and carry out procedures for
proposing to competent authorities for consideration and decision compensation
amounts or supports for organizations and individuals having their forces,
supplies, means or land mobilized.
4.
Organizations and individuals shall abide by decisions of competent state
agencies defined in Clause 2 of this Article when their human resources,
supplies and means are mobilized for dike maintenance.
5. Persons
who are injured or die while participating in dike maintenance shall be
considered for entitlement to regimes and policies applicable to armed forces participating
in dike maintenance under the provisions of law.
Article 36.- Responsibilities of dike maintenance
organizations
1. The Prime
Minister shall decide on measures against floods and storms in case of urgency,
direct ministries, ministerial-level agencies and provincial-level People's
Committees in conducting dike maintenance to ensure dike safety.
2. The
Ministry of Agriculture and Rural Development is answerable to the Government
for the direction of dike maintenance.
3. The
Ministry of Natural Resources and Environment is responsible for meteorological
and hydrological forecasts.
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5. Ministries
and ministerial-level agencies shall, within the ambit of their respective
tasks and powers, formulate and materialize plans for dike maintenance and
salvage of works related to dike safety under their respective management and
participate in dike maintenance in localities under the Prime Minister's
direction.
6. People's
Committees at all levels shall, within the ambit of their respective tasks and
powers, direct the formulation of, and approve, dike maintenance plans and
organize the dike maintenance to ensure dike safety.
7. The
central anti-flood and -storm board shall direct the warning and measures to
cope with floods and storms.
Chapter V
FORCES DIRECTLY MANAGING
DIKES
Article 37.- Forces directly managing dikes
1. Forces directly
managing dikes include the specialized dike management force and the people's
dike management force.
2. The
specialized dike management force is set up and directly managed by
provincial-level People's Committees. The organizational structure, uniform,
badge, stripe, regimes and policies for the specialized dike management force
are provided by the Government.
3. The
people's dike management force is set up by provincial-level People's
Committees, not on the state payroll, organized in each commune or ward along
dikes and directly managed by commune-level People's Committees. The
organizational structure, funding sources and remuneration regimes for the
people's dike management force are provided by provincial-level People's
Committees under the guidance of the Ministry of Agriculture and Rural
Development.
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1. The task
of directly managing the dike protection covers:
a/ Regularly
inspecting and monitoring the dike situation;
b/ Compiling
archival dossiers and regularly updating data on dikes;
c/ Managing
specialized reserve supplies in service of anti-flood and -storm activities;
d/ Detecting,
applying measures to promptly prevent and proposing the handling of violations
of the law on dikes;
e/ Providing
technical and professional guidance for the people's dike management force;
f/ Mobilizing
organizations and individuals to participate in dike management and protection.
2. The task
of organizing the first-hour handling of dike incidents covers:
a/ Conducting
patrols, detecting and promptly reporting on the dike situation, damage or
incidents;
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c/ Directly
participating in the handling and providing technical guidance on the handling
of dike incidents;
d/ Providing
technical handling guidance for forces performing the tasks of dike
maintenance, flood and storm prevention and fighting.
3. The tasks
of advising and making technical and professional proposals to competent state
management agencies on the following matters:
a/
Formulation of annual plans on dike consolidation and repair;
b/ Plans on
dike maintenance, flood and storm prevention and fighting;
c/ Handling
of dike incidents;
d/
Preparation of reserve supplies for people in service of dike maintenance,
flood and storm prevention and fighting;
e/
Propagation and education in the law on dikes.
4. Oversight
of the construction, repair, upgrading and solidification of dike works and
dike-related activities covers:
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b/ The
observance of contents of permits for construction of works, which are related
to dike safety;
c/ The handling
of violations of the law on dikes.
5. Organizing
small repair, consolidation and maintenance of dikes according to the
provisions of law.
6. Inspecting
the observance of the law on dikes; coordinating with the dike specialized
inspectorate in inspecting dike cases and matters.
Article 39.- Powers of the specialized dike management force
1. To act as
a full-fledged member of the councils for the take-over test of dike
construction, repair, upgrading or solidification works funded with capital of
all sources.
2. To make
records on, to decide to temporarily stop violations of the law on dikes by
organizations or individuals and bear responsibility for its decisions; within
24 hours after issuing the temporary stoppage decisions to report thereon to
competent state agencies for handling.
3. To report
directly to provincial-level People's Committees or the Ministry of Agriculture
and Rural Development in case of urgency or threat of dike break.
Article 40.- Responsibilities of the specialized dike management
force
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a/ Dike
management officials or employees fail to detect in time dike damage or report
late or untruthfully on, fail to promptly propose technical measures for the
first-hour handling of dike incidents;
b/ Heads of
units directly managing dikes fail to fulfill their assigned tasks, fail to
inspect and urge the implementation of tasks assigned to dike management
officials or employees.
2. To bear joint
responsibility before law for relaxation of inspection and supervision, thus
helping construction units decline to comply with technical designs on
construction, repair, upgrading or solidification of dikes; relaxation of
supervision so that organizations or individuals fail to comply with the
contents of their permits, which are related to dike safety and flood drainage.
3. While
performing their official duty, officials and employees of the specialized dike
management force shall wear uniform, badge, stripes and cards.
Article 41.- Tasks and powers of the people's dike management
force
The people's
dike management force has the tasks of coordinating with the specialized dike
management force in conducting regular dike protection inspections, patrol and
watch in localities, participating in handling dike incidents; is provided with
technical and professional guidance on dikes, enjoys remuneration under the
provisions of Clause 3, Article 37 of this Law, and has the powers to make
records on and stop acts of violating the law on dikes.
Chapter VI
DIKE STATE MANAGEMENT
RESPONSIBILITIES
Article 42.- Responsibilities of the Government and
ministerial-level agencies for state management of dikes
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2. The
Ministry of Agriculture and Rural Development is answerable to the Government
for performing the state management of dikes, having the following tasks and
powers:
a/ To direct
provincial-level People's Committees and assume the prime responsibility for
coordinating with ministries and ministerial-level agencies in the formulation
and implementation of plannings and plans on investment in construction,
repair, upgrading, solidification, protection and use of dikes and in dike
maintenance;
b/ To promulgate
according to its competence legal documents on dikes and provide for the
designed water level for each dike;
c/ To sum up
and manage data on dikes nationwide; to organize scientific research and
technological development on dike construction and protection;
d/ To decide
according to its competence or propose the Prime Minister to decide on the
mobilization of forces, supplies and means for dike maintenance, remedy of
flood or storm consequences caused to dikes;
e/ To
establish and develop international cooperation on dikes;
f/ To direct
and guide provincial-level People's Committees in organizing the people's dike
management force;
g/ To assume
the prime responsibility for, and coordinate with ministries and
ministerial-level agencies and direct localities in, propagating, disseminating
and educating the law on dikes;
h/ To
organize the inspection and examination of the observance of the law on dikes
and handle violations of the law on dikes;
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3. The
Ministry of Natural Resources and Environment has the following tasks and
powers:
a/ To
organize meteorological and hydrological forecasts; to direct and guide the
formulation of planning on use of land in dike protection corridors, dike
embankments, dike culverts and river stretches according to the provisions of
this Law and the law on dikes;
b/ To assume
the prime responsibility for, and coordinate with ministries and
ministerial-level agencies in, guiding and inspecting the exploitation of sand,
stone, cobble in rivers; to direct provincial-level People's Committees in
preventing the illegal exploitation of minerals, causing unsafety to dikes.
4. The
Industry Ministry shall assume the prime responsibility for, and coordinate
with ministries and ministerial-level agencies in, formulating and implementing
plans to ensure safety for hydroelectric power works; direct the operation of
water reservoirs in accordance with the technical standards on the operation of
water reservoirs.
5. The
Ministry of Transport shall assume the prime responsibility for, and coordinate
with ministries and ministerial-level agencies in, performing the following
tasks:
a/ Planning
on waterway traffic channels, planning and building bridges across rivers to
ensure river flood drainage, waterway traffic works and planning on
transformation of dikes for combined use as roads;
b/ Preparing
means and reserve supplies, ensuring traffic safety in service of dike
maintenance in flood and storm seasons.
6. The
Construction Ministry shall assume the prime responsibility for, and coordinate
with ministries and ministerial-level agencies in, guiding the formulation and
management of construction plannings, promulgates technical norms on
construction of works in river stretches specified in Article 26 of this Law
and on transformation, repair, upgrading and construction of dwelling houses
and works defined in Article 27 of this Law.
7. The
Ministry of Planning and Investment shall assume the prime responsibility for,
and coordinate with the Finance Ministry, the Ministry of Agriculture and Rural
Development in, allocating funds for work solutions to cope with floods over
the designed flood levels or with urgent flood circumstances, setting aside a
separate fund for projects on construction, repair, upgrading and
solidification of dikes, on dike management, protection and maintenance, flash
flood regions and flood-diverting or -slowing areas.
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a/ Guiding the
compensation for organizations and individuals whose land is recovered or
requisitioned for the construction, repair, upgrading or solidification of
dikes and anti-flood or -storm works;
b/
Formulating and promulgating according to its competence or proposing competent
state agencies to promulgate mechanisms and policies applicable to forces
conducting dike patrol, watch and maintenance and policies to compensate the
supplies and means mobilized for dike maintenance.
9. The
Defense Ministry shall coordinate with the Ministry of Agriculture and Rural
Development in directing and inspecting the organization of forces, means, dike
maintenance plans and forces.
10. The
Ministry of Public Security shall coordinate with the Ministry of Agriculture
and Rural Development in directing and guiding the police force to draw up and
implement schemes to ensure order and safety in key dike areas and
flood-diverting or -slowing regions in flood seasons; inspect, prevent and
handle acts of violating the law on dikes.
11. Ministries
and ministerial-level agencies shall, within the ambit of their respective
functions, tasks and powers, implement the provisions of this Law and
coordinate with the Ministry of Agriculture and Rural Development in the
protection and use of dikes.
Article 43.- Responsibilities of People's Committees of all
levels in the state management of dikes
1.
Provincial-level People's Committees have the following tasks and powers:
a/ To
organize the construction, repair, upgrading and solidification of dikes, to
manage and ensure safety for dikes in their respective localities in accordance
with the national planning on dikes, ensuring the uniformity of the dike
system;
b/ To direct
district-level People's Committees to coordinate with the concerned agencies in
formulating and implementing plannings and plans for investment in the
construction, repair, upgrading, solidification, protection and use of dikes
and the dike maintenance;
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d/ To decide
according to their competence or propose competent state agencies to decide on
the mobilization of forces, supplies and means for dike maintenance and remedy
of flood and storm consequences caused to dikes;
e/ To set up
the specialized dike management force and the people's dike management force;
f/ To manage
the specialized dike management force in their respective provinces;
g/ To direct
the propagation, dissemination and education of the law on dikes within their
localities;
h/ To
organize the examination and inspection of the implementation of the law on
dikes; to handle acts of violating the law on dikes; to handle according to
their competence complaints and denunciations about acts of violation of the
law on dikes within their localities in accordance with the law on complaints
and denunciations.
2.
District-level People's Committees have the following tasks and powers:
a/ To organize
the dike management, protection, repair, upgrading, solidification and
maintenance in their respective localities;
b/ To direct
commune-level People's Committees to coordinate with concerned agencies in
implementing the plannings and plans for investment in the construction,
repair, upgrading, solidification, protection, use and maintenance of dikes;
c/ To
synthesize and manage information and data on dikes within their localities;
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e/ To direct
the propagation, dissemination and education of the law on dikes within their
respective localities;
f/ To
organize the examination and inspection of the implementation of the law on
dikes and handle acts of violation of the law on dikes; to handle according to
their competence complaints and denunciations about acts of violation of the
law on dikes within their respective localities in accordance with the law on
complaints and denunciations.
3.
Commune-level People's Committees have the following tasks and powers:
a/ To
organize the dike management, protection and maintenance in their respective
localities;
b/ To
mobilize local labor forces as provided for in Clause 2 of Article 24 and the
people's dike management force defined in Article 41 of this Law; to coordinate
with the specialized dike management force in conducting dike patrols, watch
and protection in flood and storm seasons along dikes in their respective
localities;
c/ To decide
according to their competence or propose competent state agencies to decide on
the mobilization of forces, supplies and means for dike maintenance or remedy
of flood or storm consequences caused to dikes;
d/ To prevent
violations of the law on dikes;
e/ To handle
violations of the law on dikes according to competence; if it is beyond their
competence, to report thereon to competent state agencies for handling.
Chapter VII
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Article 44.- Dike inspectorate
1. Dike
inspectorate is a specialized inspectorate under the Ministry of Agriculture
and Rural Development.
2. Dike
inspection shall comply with the provisions of law on inspection.
Article 45.- Commendation
Organizations
and individuals that record outstanding achievements in dike-related activities
shall be commended according to the provisions of law on emulation and
commendation.
Article 46.- Handling of violations of the law on dikes
1. Those who
violate the law on dikes shall, depending on the nature and seriousness of
their violations, be disciplined, administratively handled or examined for
penal liability; if causing damage, they shall pay compensations according to
the provisions of law.
2.
Organizations which violate the law on dikes shall, depending on the nature and
seriousness of their violations, be administratively sanctioned, suspended from
operation; if causing damage, they shall pay compensations according to the
provisions of law.
Chapter VIII
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Article 47.- Implementation effect
This Law
takes effect on July 1, 2007.
The August
24, 2000 Ordinance on Dikes ceases to be effective on the date this Law takes
effect.
Article 48.- Detailing and guiding the implementation
The
Government shall detail and guide the implementation of Articles 4, 6, 9, 26
and 27, Clause 2 of Article 37, Articles 44 and 46 of this Law.
This Law was
passed on November 29, 2006, by the XIth National Assembly of the Socialist
Republic of Vietnam at its 10th session.
THE
PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
PRESIDENT
Nguyen Phu Trong
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