Order No. 24/2006/L-CTN on the Promulgation of the Law on Dikes

Is§ue nos 0!i.()8lJune 2097 (Gong 8$0 nos 41Q-4111June 25, 2{Jf)7) OFFICIAL GAZETTE 41 ORDER No. 24/2006/L-CTN OF DECEMBER 12,2006, ON THE PROMULGATIONOFLAW THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM Pwsuant to Articles 103 aM 106 ofthe 1992 Constuution (If the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5112001lQHIO of December 25, 2001, ofthe X" NationalAssembly; the 1(fh session; Pursuant to Article 91 of the Law on Organization ofthe National Assembly; Pursuant to Article 50 of the Law on Promulgation ofLegal Documents, PROMULGATES: the Law on Dikes, which was passed on November 29, 2006, by theXI thNational Assembly oftheSocialistRepublic ofVietnam at its 10th session. President of tlte Socialist Republic of VIetnam NGUYEN MINH TRIET LAWON DIKES (No. 7912006IQHll) Pursuant to the 1992Constitution ofthe Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5112001lQH10 of'December 25, 2001, ojtheJ,1h National Assembly, the io: session; This Law providesfor dikes. Chapter} GENERAL I'ROVISIONS Article1.-Governing scope T11is Law provides for anti-flood plarmings of diked rivers, dike plannings, dike construction, repair, upgrading andsolidification investment dike, management andprotection, dikemaintenance and use. AtUNe1.- Subjects of application This Law applies to domestic agencies, organizations andindividuals, foreign organizations and individuals thatconductdike-related activities in theVietnamese territory. Article3.- Interpretation of tenus In this Law, the terms helow are construed as follows: I. Dikes meanworks preventing riverfloods or seawater, whichare classified anddecentralized by competent statebodiesaccording to the provisions oflaw. 2. Regulatory dikes mean systems of works consistingofdikes, dikeembankments, dikecuiverts and support facilities. 3. River dikes means those that prevent river floods. 4. Seadikes meansthosethatpreventseawater. S. River-mouth dikes mean dikes of transition between river dikes and sea dikesor coasts. 6. Surrounding dikes means those that protect exclusive zones. 7.Auxiliary dikesmeansthosethatprotectareas lying rivcrwards outside riverdikes. 8. Special-use dikes mean those that protect separate objects. 9. Dike embankments mean works constructed © VIETNAM LAW & LEGAL FORUM 42 OFFICIAL GAZETTE Issue nosOO·OUIJuno 2007 (GOng BaD nos 41D-4111June 25, 2007) to protectdikes against land crumblesand slides. 10.Dike culvertsmean worksconstructed across dikes for water supply or drainageor tor combined waterwaytraffic. 11. Supporting facilities mean works built in service of dike management and protection, including works for accidental spills; dike marker posts, boundaryposts, 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 reservesupply warehouses and yards, dike management offices, anti-flood and stormcommandposts; flood-diverting or -slowing works; dike protection breakwatertree stretches. 12. Foot of earthen dike is the inter-section betweenadike talusandnaturallandsurface, which is determined at the time a competent state body determines the dike protection corridor limit markers. The foot of dike madeof concreteor other materialsis the outmostconstruction positionof the works' foundation. 13.Dike-crossing sluicegate, areworkscrossing dikes in service ofland and railwaytraffic. 14.Flood diversionmeansdivertingpartofriver flood water to other flow directions. 15. Flood slowing means the temporarystorage of part ofriver flood water in designated areas. 16. Special works mean those relating to dike safety, includingdefense,security, traffic,irrigation works, underground works in service of socio economic development, system of groundwater exploitingwells;dike-cmssing sluice gates, pumping stations, dockyards, historical or cultural relics, ancient street quarters or villages; population quartersor lines in flood-prom, areasand islets. 17. Dike maintenance means activities aiming toensuredikesafety, including therescueoffacilities relatingto regulatorydike safety. 18. River stretches mean land areas stretching from the outer edge of the dike protection corridor to river banks. 19. Sandexpand,isletsmean landareasemerging within river beds. 20. Riverbed meansthescopebetweentwobanks ofariver. 21. Designed flood water level means the standard flood water level used for designingdikes and relevant works, approved by competent state bodies. 22. Designed flood flow means the flood flow ofa rivercorresponding to the designedfloodwater level. Article4.- Dike classificationand grading 1.Dikesareclassifiedinto riverdikes, seadikes, 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 importancefrom high to low. 3. Dike classification criteria include: a/ Number of peopleprotected by a dike; bl Importance in termsofdefense,security, socio economic development; cl Flood and storm characteristics of each region; dl Area and scope of administrative land boundaries; el Average submerging level of population quartersagainst the designedflood water level; f! Designedflood flow. 4.The Government shallspecifythegradeofeach dike line. Article 5.- Principles for activities in the dike domain I. Ensuring sustainable development, defense and security; protecting the people's lives and © VIETNAM LAW & LEGAL FORUM Issue nos 06·08lJune 2007 (GOng B~o nos 41Q-4111June 25, 2007) OFFICIAL GAZETTE 43 property and the national sovereignty and interests; contributing to socio-economic development. 2. Protecting dikes is the responsibility of all people, state agencies, organizationsand 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. 4. Efficiently preventing and fighting floods, combining flood prevention and fighting with the development oftraffic, landscape and environment, the preservation of historical and cultural relics of the nation, the development of tourism and aquaculture. Article 6.- State policies on dikes I. Toinvest 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 ofdikes, then proceed to applyactive anti flood measures. 3. To encourage organizations and individuals to build,maintain, upgrade, solidifyand protectdikes in combination with socio-economic development; to protect the lawful interests of organizations and individuals investing in this domain. 4, To support the overcoming offlood 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 I. Destroying dikes. 2. Exploding or destroying dike bodies, except for emergency cases where competent authorities defined ill Article 34 uf 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. 4. Operating upstream water reservoirs in contravention of technical regulations causing impacts on regulatory dikes. 5. Building works, dwelling houses within regulatory dike protection areas, excluding works in serviceofflood and storm prevention and fighting, supporting facilities and special works. 6. Drivingmotorized vehiclesbeyondthe tonnage levelpermitted for travel on dikes; driving motorized vehicles on dikes where there are ban signboards in case of dike incidents, tloods 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 © VIETNAM LAW & LEGAL FORUM 44 OFFICIAL GAZETTE Issue nos OS·OS/June 2007 (COng Bao nos 410-411/June 25, 2007) minerals; digging ponds, wells within regulatory dikeprotectionareasandconducting otheractivities obstructing river flows and flooddrainage. II. Using for wrong purposes budgetary investments in the construction, maintenance, upgrading, solidification andprotection of dikes. Chapter II DIKE CONSTRUCTION, MAINTENANCE, UPGRADING AND SOLIDIFICATION PLANNINGS AND INVESTMENT Seaton l. ANTI-FLOOD PLANNINGS OF DIKED RIVERS Article8.- Principles andgrounds forelaboration of anti-flood plannings of dikedrivers 1. The principles for elaboration of anti-flood plannings of diked riversare provided as follows: ~I Reingconsistent withoverall socio-economic development plannings; defense and security objectives: naturaldisaster prevention, fighting and reduction strategy; anti-flood plannings of river basins; bl Ensuring to drain designed floods and historical floodsof the rivers; cl Ensuring the uniformity and suitability with each region, each zone nationwide and inheriting the anti-flood plannings of dikedrivers. 2.Grounds forelaborationofanti-floodplannings of dikedriversinclude: a/ Long-term floodforecasts; hiNatural,socio-economic conditions; cl Currentstatusof dikesystems; dl Land use planning and other relevanl plannings. Article 9.- Contents of anti-flood plannings of dikedrivers 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 dikedrivers. 2. To determine the designed floods of rivers, including upstream designed floods and designed floodwaterlevels. 3. To determine technical solutionsof the anti floodplannings of diked rivers,including: a/ Construction of upstreamwaterreservoirs; bl 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 otherrivers; e/ Clearing of riverflows; f/ Dikemanagement and maintenance. 4.Toanticipate theenvironmental impactsofthe anti-flood plannings of diked rivers and propose measures to minimize the adverse impacts on the environment. 5.Measures toorganize therealization oftheanti floodplannings of dikedrivers. Article 10.- Adjustment of anti-floodplannings of dikedrivers 1.The anti-flood planningsof diked riversshall be reviewed and supplemented periodically once everyten yearsor upon the occurenceof incidents due lo natural disasters or changes in the overall socio-economic development planning, defense and security objectives, natural disaster prevention, fighting andreductionstrategy. 2. The adjustment of anti-flood plannings of diked rivers shall be effectedunder the provisions of Article8 of this Law. Article 11.- Responsibilities to formulate and adjustanti-flood plannings of diked rivers 1. The Ministry of Agriculture and Rural © VIETNAM LAW & LEGAL FORUM Issue nos 06·08(June 2007 (GOng BaD nos 410-411/June 25, 2007) OFFICIAL GAZETTE 45 Development shall formulate and adjust the anti flood plannings ofdiked riversnationwide. 2. Provincial-level People's Committees shall formulateandadjustthe anti-floodplanningofeach dikedriverundertheirrespective localmanagement. Article 12.- Competence to approve anti-flood planningsofdikedriversandto approveadjustments thereto 1. The Government approves the anti-flood plannings nationwide and approves adjustments thereto which are submitted by the Ministry of Agricultureand Rural Development. 2. Provincial-level People'sCouncils approvethe detailedanti-floodplanning ofeachdikedriverunder their respective local management and approve adjustments thereto which are submitted by provincial-level People'sCommitteesafterobtaining the agreement of the Ministry of Agriculture and Rural Development. Article i3.- Publicization and direction of the realization of anti-flood plannings of diked rivers and adjustmentsthereto 1.Within thirty daysaftertheanti-flood plannings of diked rivers are approved by competent state bodies, the Ministry of Agriculture and Rural Developmentshallpublicizethe nationalanti-flood plannings of diked nvers and adjustments thereto andPeople's Committees at alllevelsshallpublicize 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 adjustmentsthereto which are approved by competent state bodies, relevant ministries, ministerial-level agencies and provincial-level People's Committeesshalldirectandcoordinatethe implementation of these anti-flood plannings of diked rivers. Section 2. DiKE PLANNiNGS Article i4.- Principles and grounds for formulationofdike plannings I. The principles for formulation of dike planningsare provided for as follows: a/Dikeplanningsmustbe in linewith the overall socio-economic development plannings; thedefense and security objectives; the natural disaster prevention,fighting and reductionstrategyand the anti-flood plannings of diked rivers ensure uniformityin the dikesystemandcontinuityofdike plunninga; bl Sea dike plannings must ensure the fight againststormsandtidalwavesundertechnical norms on sea dike designsand coverareas for the planting ofbreakwatertrees; el Plannings on river dikes, river-mouth dikes, auxiliarydikes, surroundingdikes and special-use dikes must ensure safety corresponding to the designedflood water leveland includemeasures to ensure dike safety upon the occurrence of historic floods; must ensure the coordination among localitiesin the samebasin,not affecttheanti-flood planningsofdikedriversandtheentireriver system. 2. Grounds for formulation of dike plannings include: a/ The natural, socio-economic conditions and the requirementsto maintain defenseand security; bl The natural disaster prevention, fighting and reductionstrategy; cl The anti-floodplanningsofdiked rivers; d/ The situation on implementation ofprevious dike plannings and forecasts on demands for dike construction,repair,upgradingand solidification; el The land use planning and other relevant plannings, Article 15.- Contents of dike plannings 1. Determiningthe tasks of dikes. © VIETNAM LAW & LEGAL FORUM 46 OFFICIAL GAZETTE Issue nos 06·08lJune 2007 (C6ng B~o nos 410-411/June 25, 2007) 2. Determining the technicalparametersofdikes. 3. Determining dike position, locations, scales ofkey infrastructure works on dikes. 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 enviromnental impacts of the plannings implementation and propose measures to minimize adverse impact. on environment Article 16.- Adjustment ofdike 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 ofArticle 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. 2. Ministries, ministerial-level agencies shall formulate and adjustplannings on special-usedikes. 3, Provincial-level People's Committees shall formulate and adjust plannings on dikes under 10",,1 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 ofdike planning. 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 realizationofdikeplannings and adjustments thereto I. Within thirty days after their respective dike planningsor dikeplanningadjustments 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 ofplanting of construction limit and dike protection scope markers. Section 3. INVESTMENT INDIKE CONSTRUCTION, REPAIR, UPGRADING AND SOLIDIFICATION Article 20.- Dike construction, repair, upgrading and solidification I. Dike construction, repair, upgrading and solidification are carried out when so decided by competent state bodies defined in Clauses 3 and 4 ofthis Article. 2. Oik" construction, repair. upgrading and © VIETNAM LAW & LEGAL FORUM Issue nos 06·08/Jyne 2007 (C6ng B~o nos 41G-4111June 25, 2007) OFFICIAL GAZETTE 47 solidification must complywith technicalnormson dikes and other relevant provisions of law. 3. The Ministry of Agriculture and Rural Development shall decide according to its competencethe investment in construction, repair, upgrading and solidification of dikes nationwide; inspect and monitor the realization of technical nouns UII 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, upgradingor solidification 1. Land used for dike construction, repair, upgrading orsolidification isprovidedforasfollows: 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 propertyon land; bl Whenthe Staterecoversland outsidethe dike protection areas for construction of new dikes or expansionof existing dikes and that land becomes situated inside the dike protection areas, the users of that land areentitledto compensationor support for land, crops and propertyon land; cl When the Stateexploits land outsidethe dike protection areas for usc as materials in service of dikeconstruction, repair, upgradingor solidification but later the users of that land may continueusing the land, these land users are entitled to compensation for damage caused by land exploitation. 2. Compensationand supports for personswith landrecoveredor exploitedas providedin Clause I of tlus Article comply WIth the provisions of land law. 3.People's Conunitteesat all levelsshall,witlun the ambit oftheir respective tasks and powers, clear the grounds; investorsshallpay compensations for damage. Article 22.- Investment in dike construction, repair,upgradingor solidification 1. Investment in dike construction, repair, upgrading or solidification shallbe made in linewith 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/ Centralbudget is used for investment in dikes of special grade, grade I, grade IIand grade IIIand as support for dikes of gradesIVand V, bl Local budget is used for investment in dikes ofall grades in localities. Chapt",. III DIKE PROTECTION AND USE Article 23.- Dike protectionscope 1. The dike protection scope covers dikes, dike embankments, dike culverts, supporting facilities, dike protectioncorridors. 2. The dike protection corridor is provided as follows: a/Thedikeprotection corridorfordikesofspecial grade, gradeI,gradeIIandgradeill at locationswhere dikes run throughresidential areas, urban centersor touristresortsis5metersfromthedikefootoutwards to the riverandthe field; the dikeprotectioncorridor atotherlocations is25metersoutwards fromthedike foot to the river, 20meterstowardsthe river,forriver dikesand 200 meterstowardsthe sea, for sea dikes; blThe dikeprotectioncorridorfor dikesofgrade IV and grade V is provided for by provincial-level People's Committeesbut must not be shorterthan 5 meters from the dike foot outwardsto the river and © VIETNAM LAW & LEGAL FORUM 48 OFFICIAL GAZETTE Issue nos 06·08LJune 2007 (GOng Bao nos 41Q-411/June 25, 2007) the field. 3.Theprotection corridor fordikeembankments or dike culverts is 50 meters on each side fromthe lastconstruction sections of thedikeembankments or culverts. 4, The expansion, if necessary, of the dike protectioncorridor in areas where land is swollen orbubbledupor is likelyto swellorbubbleup, thus threatening thedikesafety, isdecided byprovincial levelPeople's Committees. 5. Provincial-level People's Committees shall organize the planting of dike protection boundary markerson thefield. Article 24.-Dike-protection responsibilities I. Upondetecting actsor naturalimpactswhich cause harms to or threaten the safety of dikes, organizations and Individuals shall immediately report thereonto the nearest People's Committees or local dike management state bodies for timely prevention and handling measures. 2. Upon the appearance of flood warnings of gradeI for dikedrivers or floodwarnings of grade IIorhigherfor otherrivers, thePeople'sCommittees ofcommunes whereexistdikesshallmobilize local laborforces tojointhespecializeddikemanagement forces in conducting patrols, watch at dike watch stations, detecting and handling in time dike incidents Remuneration forsuchforces isprescribed by provincial-level People'sCommittees. Article 25.- Grant of permits for dike-related activities 1. The following activities are subject to permissionofprovincial-level People'sCommittees: a/ Cutting, sawing dikes for work construction withinthe dikeprotection scope; bl Drilling, digging within the dike protection scope; clBuildingculverts across dikes; building special works within the dike protection scope, river stretches, riverbeds; d/Building underground works; drilling, digging forgroundwater tapping withinonekilometer from the outeredgeofthe dike protection scope; elUsingdikes,dikeembankments, dikeculverts asplaces formooring oranchoring ships, boats, rafts; fl Exploiting earth. rock. sand. cobble or other minerals on riverbeds; g/Leaving materials. exploiting earth, rock,sand, otherminerals, digging pondsorwellsonriverbeds; hiDredging navigation channels withinthe dike protection scope. 2.The grantof permitsforactivities specifiedin Clause 1 of this Article shall be based on dike technical norms and construction teclmical norms promulgated by competent state management bodies; the grantof permits for activities specified atPointsa,b andc, Clause 1ofthisArticle fordikes of special grade, gradeI, gradeII or gradeIIImust beapproved inwritingbytheMinistry ofAgriculture and RuralDevelopment. 3.Provincial-level People'sCommittees havethe following responsibilities: a/Topost up and guidethe regulations on grant of permits; bl To examine the regularity and legality of dossiers of application for permits for activities defined in Clause 1of thisArticle; cl To grant permits or reply in writing cases of failure to fully meettheconditions furgrant ofpermits or non-grant of permits within20 daysat most after the receipt of complete andvaliddossiers; dl To inspect the observance of permits and activities without permits, suspend activities and withdraw permitswhenpermitgrantees violatethe provisions of this Law; el To settlecomplaints and denunciations about the grantof permits in accordance with the law on complaints and denunciations. 4. Persons competent to grant permits bear © VIETNAM LAW & LEGAL FORUM 155". nQ5 OQ·08!J"n. 2007 (C6ng Bao nos 41IJ.411/June 25, 2007) OFFICIAL GAZETTE 49 responsibility for their decisions according to the provisions oflaw. 5. Permit grantees have the following rights and obligations: aJ To fully submit dossiers of application for permits according to regulations; to take responsibility for the truthfulness ofthe dossiers; to strictly comply with the contents stated in the permits; when wishing to adjust or change the contents oftheir permits, to obtain written approval of competent bodies; bl Torequest agenciescompetent to grantpermits 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 ofpermits. Article26.- Use ofriver stretches where exist no construction works 1.For the constructionof 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 ofdike 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 constructionofworksunder investment projects approved by the Prime Minister as provided for in Clause 4 ofthis Article. The permitted construction works must concurrently satisfy the following conditions: aJLying outside the dike protection areas; bl Complying with anti-flood plannings ofdiked rivers, dike plannings, land use plannings and construction plarmings, which have been approved by competent state bodies; cl 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 ofadjacent, upstream and downstream areas; dI Satisfying the technical standards ofdikes. 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 ofthis Article. 6. The Government shall detail the implementation of this Article. Article27.- Handling ofworks, dwelling houses currently existing in <like protection areas and river stretches I. Based on the anti-flood plannings ofthe 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 plarmings defined in Clause I of this Article, the handling of existing work. 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; bl Existing works and dwelling houses inconsistent with the plannings must he removed, pending the removal, repair and renovation can be made to ensure safety for the lives and properties of © VIETNAM LAW & LEGAL FORUM 50 OFFICIAL GAZETTE Issue nQS 06·08/June 2007 (Gong Bao nos 410-4111June 25, 2007) people but the flooring space thereof must not be expanded; c/ Existingworksand dwelling housesconsistent with the plannings can be repaired, renovated, upgradedor replaced with new ones, 3. Provincial-level People's Committees shall direct the formulation of projects on population relocation and settlement as well as the relocation plans and conduct the removal of works and dwelling houses inconsistent with the planning; provide the grant of permits for construction, upgradingor repairoftheexistingworksordwelling housesdefined in Clause 2 of thisArticle. 4. Organizations and individuals whose works ordwellinghousesmustbe removedareconsidered for damage compensations or financial supports accordingto the provisions of law. S. TIleGovenunent shall specify the removalof works and dwellinghouses definedat Points a and b ofClause 2 and Clause4 ofthisArticle. Article28.- Construction andrenovation oftraffic works related to dikes 1. Organizations and individuals that construct or renovate traffic works related to dikes shall comply with the followingregulations: a/Dike-cum-roads mustensuredikesafety; dikes renovated for combined use as roads shall be maintained and repaired according to technical standardsofdikesandtechnicalstandards ontraffic; bl The construction of bridges spanning diked rivers must be accompaniedwith viaductsrunning over river stretchesto ensuresmooth 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, discardedmaterialsand makeshiftsmust not affect the flow and must be removedafter the completion of works. 2.The construction or renovation oftrafficworks relatedto dikes specifiedin Clause I of thisArticle must be approved in writing by provincial-level People's Committees, for works affecting a province; or bytheMinistryofAgriculture andRural Development, for works affecting two or more provinces. Article29.-Useofdikeprotectioncorridors, dike embankments, dike culverts 1. Land in dike protection corridors, dike embankments or dike culverts is also used as roads or planted withbreak.water trees, ric" or cash crops. 2. The exploitation of breakwater trees in dike protection corridors, dike embankments, dike culvertsshallcomplywiththeguidanceoflocal dike management state agencies. Article30.-Protection anduseofexistingcultural 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 protectionareasor river stretchesshall complywith the provisions of this Law, the law on cultural heritages, the law on tourism and the law on environmentalprotection. Article B]:» Allowed tonnages of vehicles traveling on dikes and dike signboards The Ministry of Agriculture and Rural Development shall specify the allowed tonnages, the grantof permitsformotorizedvehiclestraveling on dikes and forms ofdike signhoarcls, Chapter IV DIKEMAINTENANCE Article 32.- Dike maintenance and salvage of works related to the safetyof dikes I. Dikemaintenance shallbecarriedout regularly, particularly inthe floodandstormseasonsand dikes shallbesalvagedpromptlyupon incidentsor threats ofincident. © VIETNAM LAW & LEGAL FORUM Issue nos 06·08lJune 2007 (Gong Bao nos 41D-4111June 25, 2007) OFFICIAL GAZETTE 51 2.The salvage of worksrelated to dikesafety is the sameas dikemaintenance specified inArticles 35 and 36 of thisLaw. Article 33.- Regulation of flood-cutting or reducing waterreservoirs In rainy and flood seasons, flood-cutting or reducing waterreservoirs mustbe regulated to cut or reduce floods for downstream areas. The flood cuttingor reduction must ensure safety for works andcomply withtechnical standards ontheoperation of waterreservoirs promulgated bycompetent state agencies. Article 34.-Competence todivert orslowfloods fordikemaintenance I. ThePrimeMinister decides to divert or slow floods fordike maintenance incases where theflood diversion orslowing affects twoOr moreprovinces. 2. Provincial-level People's Committee presidents decide to divert or slow floods for dike maintenance in cases where the flooddiversion or slowing onlyaffects theirlocalities. Article 35.- Mobilizationofforces,supplies and meansfordikemaintenance I. Whendikes or relevant works face incidents Or threats of incidents, presidents of People's Committees atvarious levelsshallmobilize forces, supplies andmeansfordikeprotection andsalvage according tothecompetence definedin Clause 2 of thisArticle; decide on and organize the relocation population fromdanger areasfor safety. 2. The competence to mobilize forces, supplies andmeans is provided foras follows: al Presidents of provincial-level People's Committees andheads ofprovincial-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 tosalvage andensure safety for dikes; maymobilize anti-storm and -floodreserve supplies ofthecentral govemment intheirrespective localities; if it is beyond their capacity, they shall report thereon tothePrime Minister formobilization 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, oforganizations andindividuals 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; cl Presidents of commune-level People's Cormnittees have the right to promptly mobilize forces, supplies and means of their respective localities, or organizations and individuals in their localities forpromptly handling dikeincidents; if it is beyond theircapacity, theyshallreportthereonto district-level People's Committee presidents for mobilization decision; d/ Whenincidents occur, directly threatening the dikesafety, heads ofthecentral anti-flood and -storm board, headsof central agencies beingmembers of thecentral anti-flood and- storm board havetheright to order the mobilization of forces, supplies and means of organizations and individuals for dike maintenance and shall bear responsibility tor their respective decisions; e/Incaseofemergency against floods: stonns or other natural disasters, which requires theuseofland, presidents of provincial- or district-level People's Committees have ihe right tu requisition land. 111e land requisition and return and compensation for people havingtheirlandrequisitioned shallcomply withthe provisions oflaw on land. 3.After handling the incidents, the personswho ordered the mobilization of forces, supplies and means must check the use thereof and carry out procedures for proposing to competent authorities © VIETNAM LAW & LEGAL FORUM 52 OFFICIAL GAZETTE Issue nos06·08/June 2007 (Cong Bao nos 41D-4111June 25, 2007) for consideration and decision compensation amounts or supports for organizations and individuals having their forces, supplies, means or land mobilized. 4. Organizationsand individuals shall abide by decisions of competent state agencies defined in Clause2 of thisArticlewhentheirhumanresources, supplies and means are mobilized for dike maintenance. 5. Persons who are injured or die while participating indikemaintenance shallbeconsidered for entitlement to regimes and policies applicable to armed forces participating in dike maintenance under the provisionsof law. Article36.- Responsibilities of dikemaintenance organizations I. The Prime Minister shalldecideon measures againstfloods and stormsin caseof urgency, direct ministries, ministerial-level agencies andprovincial level People's Committees in conducting dike maintenanceto ensuredike safety. 2. The Ministry of Agriculture and Rural Developmentis answerable to the Govemmentfor the directionofdike maintenance. 3. The Ministry of Natural Resources and Environmentis responsible for meteorological and hydrologicalforecasts. 4.TheDefenseMinistry shallorganize anddirect the army to be the regularforce in performingthe tasks of dike maintenance, flood diversion and slowing. 5.Ministries andministerial-level agencies shall, withinthe ambitoftheirrespective tasksandpowers, 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 Committeesat all levelsshall,within th"ambitof theirrespective tasksandpowers, direct the formulation of, and approve,dike maintenance plans and organizethe dike maintenance to ensure dike safety. 7. The central anti-floodand -storm board shall directthe wamingandmeasuresto copewithfloods and storms. Chapter V FORCES DIRECTLY MANAGING DIKES Article 37.- Forcesdirectlymanaging dikes 1. Forces directly managing dikes include the specialized dike rnauagemcnt forccandthcpcop1e's dike management force. 2. The specialized dike managementforce is set upanddirectlymanaged byprovincial-level People's Committees. The organizational structure,uniform, badge, stripe, regimes andpolicies forthespecialized dike management force are provided by the Government. 3.The people's dike managementforce is set up byprovincial-level People's Committees, notonthe state payroll, organizedin each commune or ward alongdikesanddirectly managedbycommune-level People's Committees. The organizationalstructure, funding sources and remuneration regimes for the people's dike management force are provided by provincial-level People's Committees under the guidanceof the Ministry ofAgriculture and Rural Development. Article 38.- Tasks of the specialized dike managementforce I. The task of directly managing the dike protectioncovers: a/ Regularlyinspectingand monitoringthe dike situation; bl Compiling archival dossiers and regularly updatingdata on dikes; c/ Managing specialized reserve supplies in serviceof anti-floodand -storm activities; © VIETNAM LAW & LEGAL FORUM Issue nos 06-08JJuno 2007 (Gong Bao nos 41Q..4111Julle 25, 2007) OFFICIAL GAZETTE 53 d/ Detecting, applying measures to promptly prevent and proposing the handling ofviolations of the law on dikes; el Providing technical and professional guidance for the people's dike management force; fl Mobilizing organizations and individuals to participate in dike management and protection. 2. The task oforganizing the first-hour handling of dike incidents covers: a! Conducting patrols, detecting and promptly reporting on the dike situation, damage or incidents; bl Proposing plans on first-hour urgent handling ofdike incidents; cl Directly participating in the handling and providing technical guidance on the handling ofdikc incidents; dl 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: al Formulation of annual plans on dike consolidation and repair; bl 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; el Propagation and education in the law on dikes. 4. Oversight ofthe construction, repair, upgrading and solidification of dike works and dike-related activities covers: al The techniques and progress of dike construction, repair, upgrading and solidification funded with capital of all sources; bl The observance of contents of permits for construction of works, which are related to dike safety; c/The handling ofviolations ofthe law on dikes. 5. Organizing small repair, consolidation and maintenance ofdikes according to the provisions of law. 6. Inspecting the observance ofthe 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 ofthe councils for the take-over test of dike construction, repair, upgrading or solidification works funded withcapital ofall sources. 2. To make records on, to decide to temporarily stop violations ofthe law on dikes by organizations or individuals and hear 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 ofAgriculture and Rural Development in case of urgency or threat of dike break. Article 40.- Responsibilities of the specialized dike management force I. To be answerable to law for its irresponsibility which leads to dike break in the following cases: 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; bl Heads ofunits 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 © VIETNAM LAW & LEGAL FORUM 54 OFFICIAL GAZETTE Issue nos OB-OWyne 2007 (Gong Bao nos 41IJ..411/June 25, 2007) helping construction units decline to comply with technicaldesignson construction, repair, upgrading or solidification of dikes; relaxationofsupervision so that organizations or individuals fail to comply with the contentsof theirpermits,whichare related to dike safety and tlood drainage. 3. While performing their officialduty, officials and employees of the specialized dike management force shallwear uniform, badge,stripesand cards. Anictesl.: Tasksand powers ofthe people's dike managementforce Thepeople'sdikemanagementforce hasthetasks of coordinating with the specialized dike management force in conducting regular dike protection inspections, patrolandwatchin localities, participating inhandlingdikeincidents; is provided with technicaland professional guidanceon dikes, enjoysremuneration underthe provisions of Clause 3,Article37of thisLaw, andhasthepowersto make records onandstopacts ofviolating thelawondikes. Chapter VI DIKE STATE MANAGEMENT RESPONSIBILITIES Article 42.-Responsibilities ofthe Government andministerial-level agencies for statemanagement of dikes 1. The Government exercises the unified state managementof dikes. 2. The Ministry of Agriculture and Rural Developmentis answerable to the Governmentfor performingthe statemanagementof dikes, having the following tasks and powers: aJ Todirectprovincial-level People'sCommittees andassumetheprimeresponsibility forcoordinating with ministries andministerial-level agenciesin the formulation and implementation of plannings and plans on investment in construction, repair, upgrading, solidification, protection anduseofdikes and in dike maintenance; bl To promulgate according to its competence legal documents on dikes and provide for the designedwater level for each dike; cl To sum up and manage data on dikes nationwide; to organize scientific research and technological development ondikeconstruction and protection; dl To decide according to its competence or propose the Prime Minister to decide on the mobilizationofforces, suppliesand means for dike maintenance, remedy of flood or storm consequences caused to dikes; el To establish and develop international cooperationon dikes; f/ To direct and guide provincial-level People's Committees in organizing the people's dike managementforce; g/ To assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies and direct localities in, propagating, disseminating and educatingthe law on dikes; hi Tu organize the inspection and examination of the observance of the law on dikes and handle violationsof the law on dikes; if To settle complaints and denunciations about acts of violating the law on dikes according to the law on complaintsand denunciations. 3. The Ministry of Natural Resources and Environmenthas the followingtasks and powers: aJ To organizemeteorological and hydrological forecasts; to direct and guide the formulation of planningon uscof'landin dikeprotectioncorridors, dikeembankments, dikeculvertsandriverstretches accordingto the provisionsof this Law and the law on dikes; bl To assume the prime responsibility for, and coordinate with ministries ann ministerial-level agenciesin,guidingand inspectingthe exploitation of sand,stone,cobblein rivers;to directprovincial © VIETNAM LAW & LEGAL FORUM Issue nos 06·08lJyne 2007 (C6ng Bao nos 41D-411/June 25, 2007) OFFICIAL GAZETTE 55 level People'sCommittees inpreventing theillegal exploitation of minerals, causing unsafety to dikes. 4.TheIndustry Ministry shall assume theprime responsibility for, andcoordinate with ministries and ministerial-level agencies in, formulating and implementing plans toensure safety forhydroelectric power works; direct theoperationofwater reservoirs in accordance with the technical standards on the operation of waterreservoirs. S. The Ministry of Transport shall assume the prime responsibility for, and coordinate with ministries and ministerial-level agencies in, perfonuing the following task" a/ Planning on waterway traffic channels, planning andbuilding bridges across rivers toensure river flood drainage, waterway traffic works and planning on transformation of dikes for combined uscas roads; blPreparingmeans andreserve supplies, ensuring traffic safety inservice ofdikemaintenance inflood and storm seasons. 6. The Construction Ministry shall assume the prime responsibility for, and coordinate with ministries andministerial-level agencies in,guiding the formulation and management of construction plannings, promulgates technical norms on construction ofworks inriverstretches specified in Article 26ofthisLawandontransformation, repair, upgrading andconstruction ofdwelling houses and works defined in Article 27ofthisLaw. 7.TheMinistry ofPlanning andInvestment shall assume theprimeresponsibility for, andcoordinate 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, protectionandmaintenance, flash flood regions and flood-diverting or -slowing areas. 8. TheFinance Ministry shall assume theprime responsibility for, andcoordinate withthe Ministry of Agriculture and Rural Development, other ministries and ministerial-level agencies in, performing the following tasks: aI Guiding the compensation for organizations and individuals whose land is recovered or requisitioned fortheconstruction, repair, upgrading or solidification of dikes and anti-flood or -storm works; bl Formulating and promulgating according to its competence or proposing competent state agencies lo promulgate mechanisms and policies applicable to forces conducting dikepatrol, watch and maintenance and policies to compensate the supplies andmeans mobilized fordikemaintenance. 9. The Defense Ministry shall coordinate with theMinistry ofAgriculture andRuralDevelopment indirecting andinspecting theorganizationofforces, means, dikemaintenance plansandforces. 10. The Ministry of Public Security shall coordinate with the Ministry of Agriculture and Rural Development in directing and guiding the police force to drawup and implementschemes to ensure orderandsafety in keydikeareasandflood diverting or -slowing regions in flood seasons; inspect, preventandhandle actsofviolating thelaw on dikes. 11. Ministries and ministerial-level agencies shall, withinthe ambitoftheirrespectivefunctions, tasks and powers, implement the provisions of this Lawandcoordinate withtheMinistry ofAgriculture andRural Development intheprotection anduseof dikes, Article 43.- Responsibilities of People's Committees ofall levels in the state management of dikes 1.Provincial-level People's Committees have the following tasksand powers: a/Toorganize theconstruction, repair, upgrading © VIETNAM LAW & LEGAL FORUM OFFICIAL GAZETTE Issue nos 06·08!June 2007 (cOng Bao nos 410-4111June 25, 2007) 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; bl To direct district-level People's Committees to coordinate with the concerned agencies in formulating and implementing plannings and plans for investment iu theCUUSll uctiou,repair,upgrading, solidification, protection and use of dikes and the dike maintenance; c/To svnthesizeand manage informationand data on dikes in their provinces and organize scientific research and develop technologies on dike construction and protection; d/ To decide according to their competence or propose competent state agencies to decide on the mobilization offorces, supplies and means for dike maintenance and remedy of flood and storm consequences caused to dikes; el 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 ofthe law on dikes within their localities; hi To organize the examination and inspection ofthe implementation ofthe law on dikes; to handle acts of violating the law on dikes; lu handle according to their competence complaints and denunciations about acts ofviolation 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: aITo organize the dike management, protection, repair, upgrading, solidification and maintenance in their respective localities; bl Todirect commune-levelPeople's Committees to coordinate with concerned agencies in implementingthe planningsandplans for investment in the construction, repair, upgrading, solidification, protection, use and maintenance ofdikes; clTosynthesizeand manage informationand data on dikes within their localities; df To decide according to their competence or propose competent authorities to decide on the mobilization offorces, supplies and means for dike maintenance or remedy of flood or storm consequences caused to dikes; el To direct the propagation, dissemination and education ofthe law on dikes within theirrespective localities; fl 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 ofviolation 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: aITo organize the dike management, protection and maintenance in their respective localities; blTo mobilize local labor forces as provided for in Clause 2 of Article 24 and the people's dike management force defined in Article 41 ofthis 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; cl To decide according to their competence or propose competent state agencies to decide on the mobilization offorces, snpplies and means for dike maintenance or remedy of flood or storm consequences caused to dikes; dfTo prevent violations of the law on dikes; el 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. © VIETNAM LAW & LEGAL FORUM Issue nos 06·06/June 2007 (Cong Bao nos 41O-411/June 25, 2007) OFFICIAL GAZETTE 57 Chapter VII INSPECTION, COMMENDATION,AND HANDLING OF VIOLATIONS 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 ofviolations ofthe 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; ifcausing damage, they shall pay compensations according to the provisions oflaw. 2. Organizations which violate the law on dikes shall, depending on the nature and seriousness of their violations, be administratively sanctioned, suspended from operation; ifcausing damage, they shall pay compensations according to the provisions oflaw. Chapter VIII IMPLEMENTATION PROVISIONS 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 ofArticles 4, 6, 9, 26 and 27, Clause 2 ofArticle 37, Articles 44 and 46 ofthis Law. This LawwaspassedonNovember 29, 2006, by the Xph National Assembly ofthe Socialist Republic ofVietnam at its lO,h session. Chairman ofthe NationalAssembly NGUYEN PHU TRONG © VIETNAM LAW & LEGAL FORUM