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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
24-CP
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Hanoi,
March 19, 1997
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE
EXPLOITATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Exploitation and Protection of
Hydro-Meteorological Works of December 2, 1994;
At the proposal of the General Director of the General Department of
Hydro-Meteorology,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
The basic hydro-meteorological works are built with State investment and put
directly under the management, exploitation and protection of the General
Department of Hydro-Meteorology.
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Article 2.-
The hydro-meteorological works include:
1. The hydro-meteorological
stations:
a/ The regional
hydro-meteorological stations;
b/ The aerial
hydro-meteorological stations;
The list of the regional
hydro-meteorological stations and aerial hydro-meteorological stations are
issued together with this Decree.
2. The hydro-meteorological
posts.
a/ The surface meteorological
posts;
b/ The aerial meteorological
posts;
c/ The agricultural
meteorological posts;
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e/ The hydrological posts;
f/ The air pollution control
posts;
g/ The water pollution control
posts;
h/ The provincial
hydro-meteorological forecast and service posts;
i/ The rainfall measuring posts.
The special-purpose tools,
machinery and equipment, the supportive works in service of
hydro-meteorological activities, the special-purpose land areas, the works� protection system, the
technical safety corridors and the hydro-meteorological data... also belong to
the hydro-meteorological works defined in this Article.
Article 3.-
The hydro-meteorological works of special category defined in Item 1, Article
11 of the Ordinance on the Exploitation and Protection of Hydro-Meteorological
Works are also the basic hydro-meteorological works which are of special
importance regarding the hydro-meteorological specialized techniques and
international information exchange... or are of important significance for the
national socio-economic, defense and security activities.
The list of the hydro-meteorological
works of special category is issued together with this Decree.
Article 4.-
The hydro-meteorological data defined in Item 6, Article 2 of the Ordinance on
the Exploitation and Protection of Hydro-Meteorological Works include:
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2. The different types of
diagrams, maps, photographs taken from satellites, films and photos on the
objects of hydro-meteorological study.
3. The technical parameters on
the specialized machines used in hydro-meteorological activities; the documents
on the positions, signs and height values of the hydro-meteorological measuring
structures.
4. The results of research
projects and other publications issued for internal use by the
hydro-meteorological branch.
Article 5.-
The General Director of the General Department of Hydro-Meteorology shall
ratify or submit to the Prime Minister for ratification the plannings, plans
and economic-technical blueprints for the re-construction, repair, improvement
and upgrading of the basic hydro-meteorological works in accordance with the
State�s policies and legislation on the management of investment
and construction.
Annually, the General Director
of the General Department of Hydro-Meteorology shall submit to the Prime
Minister for decision the amount of budgetary investment and other necessary
conditions for the stable, long-term exploitation and protection and
step-by-step industrialization of the hydro-meteorological works.
Article 6.-
The General Director of the General Department of Hydro-Meteorology shall take
responsibility for the unified management of the storage and use of the basic
hydro-meteorological data and coordination with the related agencies in
organizing the management of the specialized hydro-meteorological data.
Article 7.-
1. The
technical safety corridor for each type of hydro-meteorological works defined
in Article 10 of the Ordinance on the Exploitation and Protection of
Hydro-Meteorological Works is determined as follows:
a/ For the surface, aerial or
agricultural meteorological posts located inside a city, provincial town or
township, it is the land area around the post the width of which is 10 times
the height of the covering object, measured from the place of installation of
the post�s measuring
equipment to that covering object.
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c/ For the marine meteorological
posts on the sea, it is the water area with a radius of 500 m, measured from
the place of installation of the post�s
measuring equipment.
d/ For hydrological posts
servicing the measurement of the river�s
flow, it is the river�s
section the length of which is 3 times the average width of the water surface
of the main river bed but must not exceed 500 m downstream and 500 m upstream,
from the line where the river�s
flow is measured.
e/ For all hydrological and
marine meteorological posts with measuring equipment or structures directly
built on the river banks, lakeshore or seashore, in addition to the criteria
mentioned in Points b, c and d, Item 1 of this Article, the technical safety corridor
shall also encompass the land area on the bank or shore around the measuring
equipment or structures that has a radius of 30 m, from the place of
installation of that equipment or structure.
2. Depending on the
characteristics and requirements of the utilization, the investors in the
construction of the specialized hydro-meteorological works may issue other
provisions on the technical safety corridor of the works under their
management, the size of which must, however, not exceed the limit prescribed in
Item 1 of this Article, and must report in writing to the General Department of
Hydro-Meteorology.
Chapter II
EXPLOITATION OF
HYDRO-METEOROLOGICAL WORKS
Article 8.-
The observation and collection of hydro-meteorological elements and phenomena
as well as the air and water elements must comply with the procedures,
regulations and hydro-meteorological technical criteria.
The General Director of the
General Department of Hydro-Meteorology shall be responsible for elaborating,
promulgating, guiding and inspecting the implementation of the procedures,
regulations and technical criteria on the exploitation of hydro-meteorological
works.
Article 9.-
Within the technical safety corridor of a hydro-meteorological work, all
activities that affect the work and measuring equipment, obstruct the
observation of the hydro-meteorological elements or alter the natural
characters of the corridor are forbidden.
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Article 10.-
The receipt and transmission of hydro-meteorological information by every means
shall be given special priority but must ensure the comprehensiveness, accuracy
and promptness so as to meet the essential forecasting requirements, in service
of the prevention and fight against storms, floods and other natural calamities
as well as other requirements of the State.
The General Department of
Hydro-Meteorology shall work out plan and provide guidance for the receipt and
transmission of hydro-meteorological information so that concerned ministries
and branches coordinate their implementation.
Article 11.-
The moving of hydro-meteorological works are stipulated as follows:
1. The hydro-meteorological
works shall be moved only in case of necessity to meet technical requirements
or socio-economic requirements of special importance.
2. The Prime Minister shall
decide the moving of hydro-meteorological works of special category and those
connected to international transmission network.
3. The General Director of the
General Department of Hydro-Meteorology shall decide the moving of other basic
hydro-meteorological works. When moving a basic hydro-meteorological work
related to the defense and security, he/she must consult the Ministry of
Defense and the Ministry of the Interior.
When moving the
hydro-meteorological works, it is necessary to conduct a parallel observation
at the old and new places under the guidances of the General Department of
Hydro-Meteorology so as to ensure the consistency and continuity of the
hydro-meteorological data.
4. The investor in the
construction of a specialized hydro-meteorological work shall decide the moving
of his/her work but must at the same time notify the General Department of
Hydro-Meteorology within one month from the date when the work at the old place
ceases its operation.
Article 12.-
The hydro-meteorological data are classified according to their value and
secrecy.
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Article 13.-
1. The
original data exploited and collected from the basic hydro-meteorological works
shall be managed and kept at the archives of the General Department of
Hydro-Meteorology. All duplicates of the hydro-meteorological data from the
originals shall be managed and kept at the regional hydro-meteorological
stations under the General Department of Hydro-Meteorology. These duplicates,
if being certified by the competent managerial agency, shall be considered to
be valid as the original.
2. The investor in the
construction of a specialized hydro-meteorological work shall take
responsibility for the management, keeping and use of the hydro-meteorological
data exploited from his/her work in accordance with the provisions of this
Decree and other related provisions currently in force. The investor in the
construction of a specialized hydro-meteorological work may also reach an
agreement with the archives of the General Department of Hydro-Meteorology on
the keeping, exploitation and use of such data.
Article
14.- Data exploited from the basic hydro-meteorological works shall be
registered and qualitatively evaluated at the General Department of Hydro-Meteorology.
The General Department of
Hydro-Meteorology shall issue criteria for the evaluation of quality, the
organization of registration and evaluation of the quality of the
hydro-meteorological data.
The State encourages the
registration and evaluation of quality of the hydro-meteorological data of the
specialized hydro-meteorological works. The hydro-meteorological data of the
specialized hydro-meteorological works which have been registered and evaluated
by the General Department of Hydro-Meteorology shall be protected by the State
regarding their legality.
Article 15.-
The State agencies, economic and social organizations and individuals are
entitled to exploit and use the hydro-meteological data which have been
registered and qualitatively evaluated. The exploiters and users of the
hydro-meteorological data, who are not entitled to the fee exemption as
stipulated in Article 15 of the Ordinance on the Exploitation and Protection of
Hydro-Meteorological Works, must pay fee.
The Ministry of Finance and the
General Department of Hydro-Meteorology shall define the fee rates for the use
of hydro-meteorological data, provide guidance for the collection, payment and
use of such fee.
Foreign organizations and
individuals shall be eligible for exploiting and using hydro-meteorological
data in accordance with the permits granted by the General Department of
Hydro-Meteorology.
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Article 16.-
The hydro-meteorological data used in the elaboration, ratification and
implementation of the overall planning projects of the branches and localities
and in the construction of the projects with any sources of capital, must be
registered and qualitatively evaluated in accordance with the provisions of
Article 14 of this Decree.
Anyone who uses the
hydro-meteorological data which have not been registered and qualitatively
evaluated for the afore-said projects, thus causing damages, shall have to take
responsibility as provided for by law.
Article 17.-
The General Department of Hydro-Meteorology and the establishments managing and
keeping the hydro-meteorological data shall, within the ambit of their powers,
be responsible for meeting the demand of exploiting and using
hydro-meteorological data and shall have to take responsibility for the data
that they have supplied.
Article 18.-
All services relating to the exploitation, analysis and processing of the
hydro-meteorological data at the request of the user shall be provided through
a contract between the competent hydro-meteorological agency or the investor in
the construction of the specialized hydro-meteorological work and the user in
accordance with the provisions of laws on contracts.
Article 19.-
The person provided with the hydro-meteorological data shall be entitled to
transfer the right to use the data to another person only when so agreed by the
competent hydro-meteorological agency or the investor in the construction of
the specialized hydro-meteorological work that has provided such data.
Chapter
III
PROTECTION OF
HYDRO-METEOROLOGICAL WORKS
Article 20.-
The General Director of the General Department of Hydro-Meteorology shall have:
1. To personally direct the
organization of the protection of the basic hydro-meteorological works in
accordance with the provisions of Article 16 of the Ordinance on the
Exploitation and Protection of Hydro-Meteorological Works;
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3. Annually, before and after
the flood and storm season, to conduct technical examination of the
hydro-meteorological works so as to promptly take measures to maintain and
protect the works;
4. To take the necessary
measures to ensure the safety of the basic hydro-meteorological data. In case
of any damage to the basic hydro-meteorological data or of any threat of the
loss of information, he/she must coordinate with the State Archives to work out
a plan for the restoration of such data;
5. To draw up the planning of
the network of the basic hydro-meteorological works for each province or city
directly under the Central Government and notify the People�s Committee of that province
or city; to compile land dossiers and build the boundaries of specialized land
areas needed for the hydro-meteorological works in accordance with the
provisions of the Land Law.
Article 21.-
The person directly managing a hydro-meteorological work shall have the
responsibility to protect the work as prescribed in Article 16 of the Ordinance
on the Exploitation and Protection of Hydro-Meteorological Works and provided
for in this Decree.
In case of any infringement or
incident to the work, the direct manager must mobilize forces in his/her unit
to quickly overcome the consequences and at the same time report to the local
People�s Committee and
the higher-level managing agency for coordination in the settlement.
If any hydro-meteorological
works which are being in action for the observation and measurement of storms
and floods, are upon infringed or struck with incidents the local People�s Committee shall have to
take initiative in mobilizing necessary forces to quickly overcome the
consequences, and maintain the observation, the measurement as well as the
transmission of the hydro-meteorological information.
Article 22.-
The banned acts mentioned in Items 1, 2 and 3, Article 19 of the Ordinance on
the Exploitation and Protection of Hydro-Meteorological Works include:
1. The infringement on the
hydro-meteorological work, such as stealing machines, destroying or crashing into
the work and its equipment, removing the height markers, anchoring waterway
transport means at the work or obstructing the measurement of the
hydro-meteorological elements and other acts of infringement;
2. The encroachment upon the
land within the premise of the work, violations of the regulations on the
technical safety corridor of the work, such as building houses, planting trees,
building damps or water discharging drains, setting up heck or cylindrial
bamboo fish-pot to catch aquatic animals, digging the river bed or its banks
within the premises of the technical safety corridor of the
hydro-meteorological work, thus obstructing the observation and measurement or
altering the nature of the hydro-meteorological elements that need to be
measured.
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Article
23.- The People�s Committees of the provinces and cities directly under the
Central Government shall have to coordinate with the General Department of
Hydro-Meteorology in handling the violations related to hydro-meteorological
works on the following principles:
1. The violations of
hydro-meteorological works since December 10, 1994 must be considered and
handled in accordance with the current provisions of law;
2. The violations of
hydro-meteorological works prior to December 10, 1994 must be handled step by
step so as, on one hand, to ensure technical requirements of the
hydro-meteorological measurement and, on the other hand, to meet the practical
situation and conditions;
3. With regard to the handling
of difficult and complicated cases of violations related to the important
works, the Presidents of the People�s
Committees of the provinces or cities directly under the Central Government and
the General Director of the General Department of Hydro-Meteorology shall
submit plans to the Prime Minister for consideration and decision.
Chapter IV
STATE MANAGEMENT OVER
THE EXPLOITATION AND PROTECTION OF HYDRO-METEOROLOGICAL WORKS
Article 24.-
The Government shall give capital investment priority to the construction,
improvement, exploitation and protection of hydro-meteorological works in
deep-lying, remote areas and offshore islands.
Article 25.-
The General Director of the General Department of Hydro-Meteorology shall
submit to the Prime Minister for promulgation the legal documents on:
1. The management, exploitation
and protection of hydro-meteorological works;
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Article 26.-
The General Director of the General Department of Hydro-Meteorology shall,
according to his/her competence, promulgate legal documents, procedures and
regulations and technical criteria on the exploitation and protection of
hydro-meteorological works as well as the evaluation of the quality of the
hydro-meteorological data, and guide, inspect the implementation of those
documents.
Article 27.-
The General Department of Hydro-Meteorology shall organize the expertise of
hydro-meteorological technical criteria with regard to the economic-technical
feasibility studies on the construction, improvement, expansion and upgrading
of hydro-meteorological works.
Article
28.- The organization of the registration, granting and withdrawal of
operating licenses of the specialized hydro-meteorological works shall be
determined by the General Director of the General Department of
Hydro-Meteorology and notified to the branches and localities within 6 months
from the date of promulgation of this Decree.
Organizations having specialized
hydro-meteorological works must register the works with the General Department
of Hydro-Meteorology within 6 months from the date of receiving the notice from
the General Department of Hydro-Meteorology.
Article 29.-
The General Director of the General Department of Hydro-Meteorology shall
define the functions, tasks and organizational structure of the
hydro-meteorological data archives under the General Department of
Hydro-Meteorology.
Article
30.- The State Archives shall have to provide guidance to the General
Department of Hydro-Meteorology for the implementation of the regime of
management over the keeping of hydro-meteorological data, uniformly organizing
the archival work; and coordinating in the training of professional
hydro-meteorological archivists.
Article
31.- The Ministry of Defense and the Ministry of the Interior shall have to
submit to the Prime Minister for promulgation the legal documents on the
exploitation and protection of the specialized hydro-meteorological works in
service of the national defense and security, after consulting the General
Department of Hydro-Meteorology.
Article 32.-
The General Department of Hydro-Meteorology shall perform the function of
specialized inspection of the exploitation and protection of
hydro-meteorological works.
The contents, powers and tasks of
the specialized hydro-meteorological inspector shall comply with the provisions
of Articles 26 and 27 of the Ordinance on the Exploitation and Protection of
Hydro-Meteorological Works.
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Chapter V
REWARD AND HANDLING OF
VIOLATIONS
Article 33.-
Organizations and/or individuals with merits in the exploitation and protection
of hydro-meteorological works, detecting or preventing acts of infringing on
hydro-meteorological works shall be rewarded in accordance with the general
provisions of the State. The General Director of the General Department of
Hydro-Meteorology shall personally consider and reward such meritorious
organizations and/or individuals.
Article
34.- Anyone who commits acts of infringing on hydro-meteorological works,
violating the legislation on the exploitation and protection of hydro-meteorological
works, shall, depending on the seriousness of his/her violation and the
consequences thereof, be administratively handled or examined for penal
liability.
Article 35.-
Anyone who is assigned the tasks of managing, exploiting and protecting a
hydro-meteorological work but who, due to the lack of responsibility, causes
damage to the work and/or losses or poor quality of hydro-meteorological data;
or who abuses his/her position and powers to cover up people who have committed
acts of violation of law, and to make decisions contrary to the legislation or
technical provisions on the exploitation and protection of the
hydro-meteorological works, shall, depending on the nature, seriousness and
consequences of his/her violation, be disciplined, administratively sanctioned
or examined for penal liability.
Article 36.-Anyone
who commits acts of the violation of laws on the management, exploitation and
protection of hydro-meteorological works, thus causing damages to other persons
in term of property, health or life or to organizations possessing the
hydro-meteorological works, shall not only be handled in accordance with the
provisions in Articles 34 and 35 above, but also have to compensate for damages
in accordance with the provisions law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 37.-
This Decree takes effect after 15 days from the date of its signing.
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Article 38.-
The earlier provisions which are contrary to this Decree are now annulled.
The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People�s
Committees of the provinces and cities directly under the Central Government
shall have to implement this Decree.
ON
BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet
LIST OF
HYDRO-METEOROLOGICAL WORKS
(issued together with Decree No.24-CP of March 19, 1997 of the
Government detailing the implementation of the Ordinance on the Exploitation
and Protection of Hydro-Meteorological Works)
I. HYDRO-METEOROLOGICAL
STATIONS
1. The hydro-meteorological
station of the Northwestern region;
2. The hydro-meteorological
station of the Viet Bac region;
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4. The hydro-meteorological
station of the Red River Delta;
5. The hydro-meteorological station
of the northern region of the Central Vietnam;
6. The hydro-meteorological
station of the central region of the Central Vietnam;
7. The hydro-meteorological
station of the southern region of the Central Vietnam;
8. The hydro-meteorological
station of the South Vietnam;
9. The hydro-meteorological
station of the Central Highlands region;
10. The aerial meteorological
station;
II. HYDRO-METEOROLOGICAL
WORKS OF SPECIAL CATEGORY:
A- THE METEOROLOGICAL WORKS:
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Names
of posts
Location
Geographical
Coordinates
Northern
latitude
Eastern
longtitude
1
The Lao Cai post
Lao Cai
22,30
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2
The Sa Pa post
Lao Cai
22,20
103,50
3
The Lang Son post
Lang Son
21,50
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4
The Dien Bien post
Lai Chau
21,21
103,00
5
The Mong Cai post
Quang Ninh
21,31
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6
The Bai Chay post
Quang Ninh
20,57
107,04
7
The Phu Lien post
Hai Phong
20,48
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8
The Bach Long Vi post
Hai Phong
20,08
107,43
9
The Hon Dau post
Hai Phong
20,40
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10
The Lang post
Ha Noi
21,01
105,51
11
The Thanh Hoa post
Thanh Hoa
19,48
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12
The Vinh post
Nghe An
18,42
105,40
13
The Dong Hoi post
Quang Binh
17,31
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14
The Dong Ha post
Quang Tri
16,50
107,05
15
The Da Nang post
Da Nang City
16,02
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16
The Hue post
Thua Thien-Hue
16,24
107,41
17
The Quang Ngai post
Quang Ngai
15,08
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18
The Qui Nhon post
Binh Dinh
13,36
109,13
19
The Nha Trang post
Khanh Hoa
12,15
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20
The Truong Sa post
Khanh Hoa
8,39
111,55
21
The Song Tu Tay post
Khanh Hoa
11,25
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22
The Tuy Hoa post
Phu Yen
13,05
109,13
23
The Phan Thiet post
Binh Thuan
10,56
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24
The Tan Son Nhat post
Ho Chi Minh City
10,49
106,40
25
The Con Dao post
Ba Ria-Vung Tau
8,41
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26
The Vung Tau post
Ba Ria-Vung Tau
10,20
107,05
27
The Huyen Tran post (DK 1/7)
Ba Ria-Vung Tau
8,01
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28
The Phu Quoc post
Kien Giang
10,13
103,58
29
The Tho Chu post
Kien Giang
9,17
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30
The Can Tho post
Can Tho
10,02
105,47
31
The Ca Mau post
Ca Mau
9,10
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32
The Da Lat post
Lam Dong
11,57
108,26
B- THE HYDROLOGICAL WORKS:
No.
Names
of Posts
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Location
Geographical
Coordinates
Northern
latitude
Eastern
longtitude
1
The Lai Chau post
Da
Lai Chau
22,03
...
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2
The Lao Cai post
Hong
(Red River)
Lao Cai
22,30
103,58
3
The Yen Bai post
Hong
(Red River)
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21,42
104,52
4
The Ha Giang post
Lo
Ha Giang
22,49
104,59
5
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Lo
Phu Tho
21,17
105,25
6
The Ha Noi post
Hong
(Red River)
Ha Noi
21,02
...
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7
The Son Tay post
Hong
(Red River)
Ha Tay
21,09
105,30
8
The Thuong Cat post
Duong
...
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21,04
105,52
9
The Hue post
Huong
Thua Thien-Hue
16,24
107,41
10
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Dakbla
Kon Tum
14,20
108,01
11
The Tan Chau post
Tien
An Giang
10,25
...
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12
The Chau Doc post
Hau
An Giang
10,42
105,08
13
The Can Tho post
Hau
...
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10,02
105,47
14
The My Tho post
Tien
Soc Trang
10,16
105,54
15
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Vam
Co Tay
Long An
10,46
105,56
16
The Phu An post
Sai
Gon
Ho Chi Minh City
10,46
...
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