Decree No. 62/1999/ND-CP promulgating the Regulation on flood diversion and slowing in the Red River system to protect the safety of Hanoi capital

No. :n (08-9-1999) OFFICIAL GAZETTE THE GOVERNMENT DECREE No. 62/1999/ND-CP OF JULY 31, 1999 PROMULGATING THE REGULATION ON FLOOD DIVERSION AND SLOWING fN THE RED RIVER SYSTEM TO PROTECT THE SAFETY OF HANOI CAPITAL THE GOVERNMENT f>ursuan! lo the /,aff on Organization of !he Go,.•er11111enl ofSeptemher 30, 1992: /Jursua111 to rhe lm1· 011 /later Resource of.\lav 20, 199H, JJursua111 to !he Ordinance on Dikes ofXovel/lher 9, / 9H9 and !he Ordinance on Flood and Stor/11 F'revenlion and Comhat o/Jlarch H, I 993; , ll the proposals of the ,\finis/er of Agriculture and Rural Developl/le111 and the I lead of !he Central .'ileering Co111/llitteefor Flood and Stor/11 Prevention and C'omhat, DECREES: Article 1.- To promulgate together with this Decree the Regulation on flood diHrsion and slowing in the Red river system to protect the safety of Hanoi capital. Article 2.- This Decree takes effect after its signing. All pre, ious stipulations which arc contrary to this Decree are now annulled. The Minister-Head of the Central Steering Committee for Flood and Storm Prevention and Combat. the ministers. the heads of the ministerial­ level agencies. the heads of the agencies attached to the Gm crnmcnt and the presidents of the People ·s Committees of the proYinces and centrally-run cities in the Red riYcr delta shall. ,vithin their respective functions and tasks. ha\'c to guide and organize the implementation of this Decree. Article 3.- The ministers. the heads of the ministerial-level agencies. the heads of the agencies attached to the Government and the presidents of the People· s Committees of the provinces and centrally­ run cities shall have to implement this Decree. On behalf <if.the Government Prime Minister PHAN VAN KHAI THE REGULATION ON FLOOD DIVERSION AND SLOWING IN THE RED RIVER SYSTEM TO PROTECT THE SAFETY OF HANOI CAPITAL (Issued together with Decree No. 62/1999/ND-CP of .lu~v 31, 1999 <~l the Government) Article 1.- Protection objcctiYCs: The nood di,crsion and slmving in the Red river system upon the occurrence of big f1oods arc special measures taken to protect the safety of Hanoi capital and minimize human and material losses for the people and the State. Article 2.- Management of flood di,ersion and slm1ing: t. Dike protection The Jikc protection must be regularly carried out as the most essential and important measure among the system of flood prevention and combat measures. When big floods occur. the dike protection must be organized in a constant and enduring manner ,,ith maximum efforts, and at the same time the dikes must be consolidated or protected to stand up to noods with the water Ic,·cl of 13.-rn m in Hanoi and c,cn higher Ie,el. The secondary dikes shall be built to stand the alarm-mark No.2 and not beyond the alarm-mark No.3. so that \\hen big floods occur. the flood water shall be let to spill over such dikes. 2. Rei.,rulation of water levels of Hoa Binh and Thac Ba rcsenoirs relieve floods: During the flood season, Hoa Binh and Thac Ba reservoirs must be regulated to relieve floods for lowland regions. The flood relief for Im,land regions must ensure the absolute safety of these very projects according to their operation procedures already approved. 3. Emergency flood alarms: Whenever the \Yater level in Hanoi reaches 13. I 0 rn. which as forecastcd by the General Department of Meteorology and Hydrology. continues to rise quickly. the Head of the Central Steering Committee for Flood and Storm Prevention and Combat shall have to propose the Prime Minister to decide to announce the emergency flood alarm. 4. Diversion of floods into Day river: When Hoa Binh and Thac Ba reservoirs operate at their full nood-relieving capacity but the water JeyeJ of the Red river in Hanoi keeps rising quickly. thus threatening the safety of Hanoi capital. the noods must be diverted into Day river. OFFICIAL GAZETTE No. 3 3 (08-9-1999) Basis for decision to divert floods into Day river: When the water level in Hanoi already reaches 13 AO m. \Yhile the General Department of Meteorology and Hydrology predicts that the flood water le\ cl continues to rise quickly due to one of the following 2 reasons The water level of Hoa Binh reservoir has already reached 115.00 rn. while Da river·s flood continues to rise quickly, thus compelling the major flood discharge according to its operation procedures. in order to protect the safety of the project itself. Though the water level of Hoa Binh reservoir is below 115.00 m. floods in Thao and Lo rivers are high and, as predicted, quickly rise as predicted to the level that despite of the flood relief by Hoa Binh reservoir, water level in Hanoi is likely to exceed the level of 13.40 m. 5. Use of flood-slowing areas: To take initiative in coping with big floods and flooding contingencies that may occur, the follmving areas arc decided to be used as flood-slowing areas: Tarn Thanh area (Phu Tho province): Lap Thach area (Vinh Phuc province): Luong Phu and Quang Oai areas (Ba Vi district, Ha Tay province). These flood-slowing areas shall be used only when floods have already been diverted into Day river but the water level of the Red river in Hanoi is still at 13.40 m and the General Department of Meteorology and Hydrology forecasts that the flood water level keeps on rising quickly. The decision on flood slowing by diverting floods into each area shall be based on the actual flood development. Article 3.- Responsibilities of the ministries and central branches: 1. The Central Steering Committee for Flood and Storm Prevention and Combat shall have to: Closely monitor the flood development, direct and coordinate activities with the ministries. branches and localities in order to promptly deal with incidents caused by floods. Control the flood relief by Hoa Binh and Thac Ba reservoirs according to their operation procedures so as to ensure the absolute safety for these works. When the flood reaches the levels mentioned in Clauses 3, 4 and 5, Article 2 of this Regulation, the head of The Central Steering Committee for Flood and Storm Prevention and Combat shall propose the Prime Minister to decide to announce the emergency flood alarm, flood diversion and flood slowing orders. Regularly coordinate activities with the ministries, branches and localities in order to promptly handle matters arising in the flood diversion or flood slo,, ing period: and report those matters beyond its competence to the Prime Minister for consideration and decision. 2. The General Department of Meteorology and Hydrolog y shall have to forecast, warn and promptly pro,·ide data on rain and flood ( on a hourly basis). ·which shall serve as basis for announcing orders on emergency flood alarm. flood diversion or flood slowing. 3. The Ministry of Industry shall have to direct the Directors of Hoa Binh and Thac Ba hydroelectric power plants in carrying out the flood relief by the orders of the head of The Central Steering Committee for Flood and Storm Prevention and Combat. ln cases where the reservoirs operate at their full capacity of flood relief for lowland regions, but the flood is still forecasted to continue rising and likely to threaten such projects. it shall order the Directors of Hoa Binh and Thac Ba hydroelectric power plants to s,vitch to anti-flood operation mode, in order to ensure the safety of such projects. 4. The Ministry of Agriculture and Rural Development shall have to: Examine the technical options for handling dike incidents and direct localities to handle such incidents. Operate flood diversion projects of Day and Van Coe dams according to the current technical procedures. inspect, add more and manage key flood-slowing projects, thus ensuring safety and flood slowing elTiciency. Mark off flooding areas and determine flooding level of the areas affected by flood diversion and flood slowing. so as to devise appropriate plans for evacuation of inhabitants. 5. The Ministry of Defense shall have to dispose forces to carry out the flood slowing, as well as forces and means for dike salvage and protection. and evacuation of inhabitants from flood diversion and flood-slowing areas at the requests of the Central Steering Committee for Flood and Storm Prevention and Combat and the flood and storm prevention and combat commands in the concerned provinces and cities. 6. The Ministry of Public Security shall have to ensure the public order and security in cases of flood diversion and flood slowing. 7. The General Department of Post and Telecommunications shall have to ensure uninterrupted communications from the central level down to branches and localities. 8. The Ministry of Construction and the No. 3 3 (08-9-1999) OFFICIAL GAZETTE 5 Ministry of Communication and Transport shall have to supply transport means for transporting and evacuating people at requests of localities. 9. The Vietnam News Agency, the Nhan Dan (People) Daily Ne,,spaper. the Radio Voice of Vietnam. the Vietnam Television Station and the mass media agencies at central and local levels shall have to promptly report on handling measures taken by the Government. the Prime Minister. the ministries. branches and localities. The Radio Voice of Vietnam and the Vietnam Television Station shall broadcast and transmit homh news in their news reports according to contents prepared by the Central Steering Committee for Flood and Storm Prevention and Combat. 10. The Ministrv of Health. the Ministry of Trade, the Ministry of Science. Technology and Environment. the Ministry of Labor. War Invalids and Social Affairs. the Ministry of Planning and Investment. the Mi11istry of Finance and the concerned ministries and branches shall. according to their respective functions and tasks. have to coordinate ,vith the People"s Committees in the 11ood diversion and flood-slowing areas in sufficiently supplying essential necessities. medicmes. medical instruments and \Yater purif,ing and environmental hygiene chermcals: carrying out disease prevention and treatment. stamping out epidemics. giving hunger relief and stabilizing the people's life. Article./.- The People·s Committees in the llood diversion and llood-slowing areas shall have to: Organi1:e. direct and coordinate ,,ith mass organizations in carrying out the dissemination of flood diyersion and flood-slmving policies among the people to make them thoroughly understand such policies. Organize the dike protection and flood combat in their respectiye localities. Pay special attention to the protection of dikes on the left bank of Day riyer in cases of flood diyersion. Announce. warn. organize and instmcl the people in flood preYention and combat Normali1:e the production and people's life. and at the same time deyise detailed plans and get ready for the evacuation. protection and rescue of people. thus ensuring the safety for the life and property of the people and the State in cases of flood diyersion and flood slowing Ensure the security and order and stabilize the people ·s life. The localities shall work out. readjust and supplement planning and plans for stabilizing the production and people's life in the flood di\'er~i011 and flood-slowing areas; as \\ell as llood prevent inn and arnidance plans, with a vie,, to taking initia1ive in coping with possible floods and cases of flood di,crsion or slowing. Article 5.- Regarding the mechanisms and pohcie~ toward the flood diYersion and flood-slm,ing localities The administrations of all le,,els and the people in the flood di,ersion and 11ood-slm,ing areas shall have to realize that the implementation of flood diversion and flood-slowing decisions is but an um,illing measure to protect the common interest and take initiative in promptly coping with possible big lloods. and at the same tune to minimize the human and material losses for the people and the State. In order to alleviate difficulties and damage caused hy the llood di,·ersion and flood slowing: l The concerned ministries and branches shall. according to their respective assigned functions and tasks. have to coordinate with the localities in organizing the direction. taking initiative in working out and implementing flood prevention and combat plans: as well as policies to\\ard the flood dl\wsion and llood-slowing areas. 2. The State shall devise policies to support the people in the llood diversion and llood-slowing areas in carrying out the evacuation of people. domestic animals and necessities: adequately supplying food. foodstuff. prophylactic and curatiYe drugs, plant seeds, etc .. in order to stabilize the people ·s life and quickly mncome the llood consequences. thus preventing the outbreak of famine and diseases: and adopt policies on tax and loan preferences as well as other incentiye policies to support the people in restoration and de,clopment of their production. The Ministry of Labor. War lmalids and Social Alfalfs is assigned to assume the prime responsibility and coordinate with the Ministry of Planning and Investment. the Ministry of Agriculture and Rural Development and the People's Committees in the flood di,ersion and 11ood-slowing localities in elaborating specific support leYels and preferential policies toward the people in such 11ood di,ersion and flood-slowing areas. then submitting them to the Prime Minister for decision. The Ministry of Finance shall supply sufficient funds to the concerned localities and branches in the course of orgm1izing the performance of their flood diYersion and flood-slowing tasks. Article 6,- Regarding the immediate-future measures: Organizing the propaganda among the people in flood di,nsion and flood-slm,ing areas to make them thoroughly aware of their llood di,ersion or OFFICIAL GAZETTE flood-slo,ving task to be performed. Each family household and each locality shall have to concentrate clTorts on promoting the production and take initiative in preparing for and adapting thcmsch cs with the flood diversion and flood slowing Concentrating efforts on fulfilling the plans for constmction and rcinforccrncnt of dikes before the rain-flood season. and ensuring sufficient quantities of all categories of reserve materials for timely handling of dike incidents. Organizing the inspection and strict handling of , iolations of the Ordinance on Dikes and the Ordinance on Flood and Storm Prevention and Combat. Enhancing and raising the meteorological and hydrological forecast capability. and adopting plans for cooperation with the regional countries to acquire more data for timely and c1ccuratc forecasts. Inspecting the elaboration or plans for natural calamity prevention and combat and exercising the dike salvage and protection drills. Article 7.- Regarding the long-term measures: Formulating the socio-economic development strategy suitable to flooding circumstances in cases of flood diversion or flood slowing. Replanning population distribution and infrastrncture in the deeply-submerged areas and areas obstructing the flood drainage in cases of flood diversion and flood slowing. Step by step upgrading such social welfare works as hospitals, medical stations, schools, ... in order to enable them to resume their normal activities right after the flood diversion or flood slowing. The production establishments and State agencies located in the flood diversion and flood­ slowing areas must also be built and developed in adaptability to circumstances of flood diversion and flood slowing. Planning, building and renovating flood diversion and flood-slowing projects. Installing water-level posts in each vill:lge and commune to forewarn the people in the flood diverswi and flood-slowing areas. Studying the constrnction of water resen'olfs for regulation of floods in combination with hydroelec­ tricity generation in the upstream areas of Da and Lo rivers. Expeditiously applying effective measures to protect and develop protection forests in the basins of Da and Lo rivers and other tributaries. On behalf of the Government Prime Minister PHAN VAN KAAI No. 33 (08-9-1999)