Circular No. 01/2009/TT-BNN guiding patrol, guard, and protection of dikes during flood season

CIRCULAR

Guidelines for patrolling, guarding, and protecting dikes during flood season

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Pursuant to the Law on Dikes dated November 29, 2006;

Pursuant to the Ordinance on Flood and Storm Prevention and Control dated March 20, 1993 and the Ordinance amending and supplementing certain articles of the Ordinance on Flood and Storm Prevention and Control dated August 24, 2000;

Pursuant to Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Dikes; and Decree No. 08/2006/NĐ-CP dated January 16, 2006 detailing certain provisions of the Ordinance on Flood and Storm Prevention and Control which was amended and supplemented on August 24, 2000;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development,

The Ministry of Agriculture and Rural Development hereby guides the implementation of patrolling, guarding, and protecting dikes during the flood season according to Clause 2, Article 24 of the Law on Dikes as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular guides the patrolling, guarding, and protecting of dikes during the flood season for river dike systems classified and graded in accordance with Article 4 of the Law on Dikes.

Article 2. Organization of forces

1. Each year before the rainy and flood season, the People's Committee of the commune where there are dikes must organize local labor forces to patrol and guard the dikes and be on standby at dike watchpoints or residential areas near the dikes (for areas without dike watchpoints), when flood warnings reach level I or higher for rivers with dikes (hereinafter referred to as the dike patrol and guard force).

2. The dike patrol and guard force shall be organized into teams, established by decision of the commune People's Committee; one team shall be formed for every 1 to 2 kilometers of dike; each team shall have from 12 to 18 members, including one team leader and one or two deputy leaders. The list of team members shall be posted at the dike watchpoint within the assigned area.

3. When floods and storms become complex and prolonged, the commune People's Committee may decide to supplement additional members to the dike patrol and guard teams.

Article 3. Standards for members of the dike patrol and guard force

1. They must be healthy, resourceful, capable of undertaking arduous tasks, including during heavy rain, strong winds, and at night.

2. They must have a sense of responsibility, endure hardship, overcome difficulties, be familiar with waterways, and know how to swim, possess knowledge and experience in dike protection, flood prevention, and storm control.

Article 4. Tasks of the dike patrol and guard force

1. To comply with the division of labor by the Flood and Storm Prevention and Control Command at all levels and to follow professional guidance from specialized management agencies responsible for dikes.

2. To patrol, guard, and be on standby at dike watchpoints when flood warnings reach level I or higher for rivers with dikes. To monitor the condition of the dikes; promptly identify any damage to the dikes and report it immediately to the commune Flood and Storm Prevention and Control Command, the specialized management staff responsible for the dike section, and take immediate action according to the technical guidance provided.

3. To participate in handling emergencies and repairing any damage to the dikes in a timely manner under the technical guidance of specialized management staff or instructions from superiors.

4. To guard, inspect, and promptly prevent any violations of laws concerning dikes and flood and storm prevention and control, and report them immediately to the specialized management staff.

5. To wear insignia while performing duties.

Article 5. Insignia of the dike patrol and guard force

The insignia of the dike patrol and guard force is a red band 10 cm wide, bearing the yellow letters "KTĐ".

The insignia is worn on the left sleeve, with the letters "KTĐ" facing outward.

Article 6. Equipment and record books

1. The dike patrol and guard force shall be equipped with:

- Communication devices, means of transportation for patrolling and guarding dikes; rescue equipment such as flashlights, shovels, picks, spades, tampers, and other necessary tools suitable for each locality;

- Record books to document the condition of the dikes, protective embankments, sluices, and other management facilities; to receive directives, comments from superiors, and daily assignments for patrolling and guarding.

2. The minimum quantity of equipment and record books to be provided for each dike patrol and guard team is as follows:

a) Regarding equipment:

- Life jackets: 6 pieces;

- Raincoats: 18 pieces;

- Modified vehicles: 2 units;

- Shoulder poles: 10 pairs;

- Shovels: 6 pieces;

- Picks: 6 pieces;

- Shovels:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                       &

- Flashlight: 01 unit;

- Knife: 10 units;

- Pliers: 05 units;

- Storm lantern: 05 units;

- Battery-powered lamp or flashlight: 05 units;

- Drum or bell: 01 unit;

- Flood warning signal board: 01 set;

- Flood warning signal light: 01 set;

- Whistle, damaged signboard: 20 units;

- Kerosene: 10 liters.

b) Regarding record books:

- Record book for listing patrol duty roster by shift during the day, recording instructions, opinions from superiors, and matters reported to superiors on the same day.

- Daily logbook for recording the condition of the dike, protective embankment, sluices through the dike, and other management works.

The above record books must be carefully kept, clearly recorded, and regularly maintained at the team's office (dike watchtower or nearby resident's house if there is no watchtower); they shall not be taken elsewhere without the team leader's order.

c) The tools and record books mentioned above shall be stored at the team's office and handed over between shifts.

3. The funds for purchasing the equipment and record books as stipulated in Clause 2 of this Article shall be sourced from the flood and storm prevention fund or the annual local budget.

6. The record books specified in Point b of Clause 2 of this Article shall be handed over by the team leader of the dike patrol team to the specialized management team for handling and storage.

7. The handover of the equipment and record books mentioned above must be documented for management and tracking.

Article 7. Flood Warning Signals

1. When the flood warning reaches Level I or higher, the dike patrol team must issue flood warning signals at the dike watchtowers as follows:

a) - Flood warning at Level I: 01 green light (during the daytime, an additional red triangular sign or flag may be added for easy recognition);

- Flood warning at Level II: 02 green lights (during the daytime, an additional two red triangular signs or flags may be added for easy recognition);

- Flood warning at Level III: 03 green lights (during the daytime, an additional three red triangular signs or flags may be added for easy recognition).

b) The signs (or flags) and lights should be hung vertically at an appropriate height so that everyone in the area can see them.

2. In case of an emergency threatening the safety of the dike, requiring immediate rescue efforts, the team leader or deputy leader of the dike patrol team shall ring the drum (or bell) continuously to warn.

Chapter II

CONTENTS OF DIKE PATROL AND GUARDING WORK

Article 8. Regulations on Dike Patrol and Guarding

1. Flood warning at Level I:

During the day, arrange for 02 people, and at night, 04 people. During the day, at least one shift must patrol every 4 hours, each shift consisting of 01 person. At night, at least one shift must patrol every 4 hours, each shift consisting of 02 people.

2. Flood warning at Level II:

a) During the day, arrange for 04 people, and at night, 06 people. During the day, at least one shift must patrol every 2 hours, each shift consisting of 02 people. At night, at least one shift must patrol every 2 hours, each shift consisting of 03 people;

b) In case of urgent typhoon information affecting the area: arrange for 06 people during the day and 12 people at night, divided into shifts of 03 people each; depending on the typhoon and flood situation and the characteristics of the dike, the commune flood and storm prevention command decides whether to increase the number of inspections beyond the provisions of Point a of Clause 2 of this Article.

3. Flood warning at Level III or higher:

a) During the day, arrange for 06 people, and at night, 12 people, divided into shifts of 03 people each, with shifts rotating continuously day and night to inspect;

b) For weak sections of the dike, protective embankments, and sluices through the dike, additional personnel should be arranged to inspect, detect incidents, and report promptly.

Article 9. Contents of Dike Patrol and Guarding

1. Scope of Patrol:

a) For flood warning at Level I, personnel shall be arranged for patrol as follows:

- Outbound shift: One person (during daytime), two persons (at night) to inspect the river-facing embankment surface and crest, and the river protection zone;

- Return shift: One person (during daytime), two persons (at night) to inspect the field-facing embankment crest, the field protection zone, the field surface, and ponds and lakes near the field side of the embankment;

b) For flood warning at Level II, personnel shall be arranged for patrol as follows:

- Outbound shift: One person to inspect the river-facing embankment surface and crest, and the river protection zone; one person (during daytime), two persons (at night) to inspect the field-facing embankment crest, the field protection zone, the field surface, and ponds and lakes near the field side of the embankment;

- Return shift: One person (during daytime), two persons (at night) to inspect the river-facing embankment surface and crest, and the river protection zone; one person to inspect the field-facing embankment crest, the field protection zone, the field surface, and ponds and lakes near the field side of the embankment;

c) For flood warning at Level II and with urgent typhoon warnings affecting the area, or flood warning at Level III or higher, personnel shall be arranged for patrol as follows:

- Outbound shift: Two persons to inspect the field-facing embankment crest, the field protection zone, the field surface, and ponds and lakes near the field side of the embankment; one person to inspect the river-facing embankment surface;

- Return shift: Two persons to inspect the field side; one person to inspect the river-facing embankment surface, crest, and the river protection zone;

Each patrol team must check beyond their assigned area on both sides, extending 50 meters each way. In areas where previous damage has occurred, a wider inspection must be conducted to detect any issues.

2. Patrol and guard personnel must promptly identify any damages to the embankment.

3. Upon discovering damage, the patrol personnel must undertake the following actions:

a) Determine the type, location, characteristics, and size of the damage;

b) Measure the water level of the river relative to the embankment surface at the location of the damage;

c) Mark the location of the damage by posting signs or setting up markers; if the damage is severe, prohibit people, vehicles, and machinery from passing through and arrange for personnel to guard the site continuously to monitor the development of the damage;

d) Report the situation of the damage promptly and specifically to the team leader or deputy leader, specialized management staff, and the Flood and Storm Control Committee of the commune.

Article 10. Contents of patrol and guard for sluice gates through the embankment

1. When the flood reaches Warning Level I or higher, the embankment patrol and guard team must assign personnel to closely monitor the changes in sluice gates through the embankment, and promptly prevent any unauthorized use of sluices during the flood season.

2. Patrol and guard personnel must carefully inspect the junction between the sluice body and wing walls with the embankment; sluice wings, gate opening and closing mechanisms, sluice doors, sluice bodies, and upstream and downstream areas of the sluice to promptly detect any incidents.

3. Upon discovering damage to the sluice, patrol and guard personnel must undertake the actions as stipulated in Clause 3 of Article 9 of this Circular.

Article 11. Contents of patrol and guard for bank protection structures

1. When the bank protection structure has not been submerged:

a) Inspect the bank protection structure; observe the flow in the protected area.

b) If damage is discovered, it must be:

- Determined in terms of location, type, characteristics, and size of the damage, and the river water level relative to the top of the bank protection structure;

- Marked by posting signs or setting up markers to indicate the location of the damage; continuously monitor the development of the damage;

- Report the situation of the damage promptly and specifically to the team leader, deputy leader, specialized management staff, and the Flood and Storm Control Committee of the commune.

2. When the bank protection structure is submerged:

a) At weak sections of the bank protection structure, when the water has not yet covered the top, the embankment patrol and guard team must set up marker stakes to observe erosion; the stakes may be set up as follows:

- Set stakes along the bank protection structure, 1 meter away from the top, and extend beyond the ends of the structure by 20 to 30 meters. Weak sections of the bank protection structure should have at least two rows of stakes. The distance between stakes is 3 to 4 meters, and the distance between rows is 2 to 2.5 meters. Stakes should be staggered;

- The stakes can be made of bamboo, wood, etc.; they should be 4 to 5 meters long, driven deeply into the ground, and numbered sequentially from end to end of the bank protection structure.

b) Closely monitor the stakes that have been set up; when stakes are found to be fallen, immediately inspect and report to the team leader, deputy leader, specialized management staff, and the Flood and Storm Control Committee of the commune.

3. When the flood recedes: After the water has retreated from the beach and the bank protection structure, patrol personnel must carefully examine each part of the structure to detect any damage.

4. After each flood event, team leaders must compile information on the development and damage of the bank protection structure, and report to the specialized management staff and the Flood and Storm Control Committee of the commune.

Article 12. Reporting System

1. During duty, patrol and guard personnel who discover damage to the embankment must find ways to quickly report to the specialized management staff and the Flood and Storm Control Committee of the commune for prompt handling.

2. Content of the report:

- Time of discovery of the damage;

- Location, characteristics, size, development, and degree of danger of the damage;

- Propose measures for handling.

3. In cases where damage is assessed to potentially worsen, the team leader must dispatch additional personnel to monitor the site and report every 30 minutes.

In cases where damage poses a threat to the safety of the structure, immediate action must be taken to prevent and limit further damage while sounding the alarm according to Clause 2 of Article 7 of this Circular. While waiting for rescue forces, those assigned to monitor must not leave their posts.

4. When an incident occurs, in addition to monitoring and participating in handling, the patrol and guard teams must still ensure regular patrols and guards for the entire section of the embankment under their responsibility.

Article 13. Regulations on handover between shifts

After each inspection round, patrol and guard teams must fully record the development and damage of the embankment in the patrol and guard logbook as prescribed, and hand over all information to the next shift. The representatives of the handing-over and receiving shifts must sign and clearly write their names and date and time in the logbook. At the end of each day, the team leader and specialized management staff must sign to confirm the daily situation for monitoring and as a basis for payment of remuneration as prescribed.

Chapter III

REGIME AND POLICY

Article 14. Policies and benefits for patrol and guard forces

1. Persons patrolling and guarding the dike shall be entitled to remuneration, the level of which for this force shall be determined by the People's Committee of the province in accordance with guidelines issued by the Ministry of Finance and the Ministry of Agriculture and Rural Development.

2. Prior to each annual flood season, members of the patrol and guard teams shall be concentrated for training and guidance on patrol and guard duties, dike protection, flood and storm prevention. The days spent in training shall be considered as directly performing their duties and shall be entitled to remuneration as stipulated in Clause 1 of this Article.

3. Persons who are injured or suffer loss of life while performing their duties shall be eligible for benefits and policies as those for armed forces participating in dike protection according to the provisions of the law.

Article 15. Awards and disciplinary actions

1. Units and individuals that comply well with the provisions of this Circular and achieve outstanding results in patrol and guard work on the dike shall be rewarded.

2. Units and individuals violating the provisions of this Circular shall be subject to disciplinary measures ranging from warning to prosecution before the State’s law, depending on the severity of the offense.

Chapter IV

IMPLEMENTATION

1. Responsibilities of the People's Committee at the district level where there are dikes:

a) Guide communes with dikes to organize patrol and guard forces; guide activities and inspect, urge the implementation of patrol and guard work.

b) Take the lead in organizing and directing units to coordinate with specialized agencies managing dikes to train professional skills in patrol, guard, dike protection, flood and storm prevention for the patrol and guard forces.

c) Equip and guide the management and use of tools and records for patrol and guard teams in accordance with Clause 2 of Article 6 of this Circular.

2. Responsibilities of the People's Committee at the commune level where there are dikes:

a) Organize patrol and guard forces during the flood season along dike routes within their jurisdiction.

b) Directly manage and direct the patrol and guard forces in accordance with the provisions of this Circular.

Article 17. Responsibilities of the Department of Agriculture and Rural Development

1. Advise the People's Committee of the province and coordinate with relevant units to build and submit for approval the level of remuneration and policies for the patrol and guard forces.

3. When there is a flood alert at Level I or higher, the Department of Agriculture and Rural Development must direct and organize inspections and urging of patrol and guard work along dike routes.

Article 18. Provisions for implementation

This Circular shall take effect fifteen days from the date of publication in the Official Gazette, replacing the Regulation on the System of Dike Protection Patrol and Guard During the Flood Season issued together with Decision No. 804-QĐ/ĐĐ dated August 1, 1977 of the Ministry of Water Resources (now the Ministry of Agriculture and Rural Development). Any difficulties encountered during implementation should be reported in writing to the Ministry of Agriculture and Rural Development for consideration and adjustment.

Any difficulties encountered during implementation should be reported in writing to the Ministry of Agriculture and Rural Development for consideration and adjustment./.