Decree No. 04/2011/NĐ-CP on the abolition of the use of flood diversion areas and flood retardation areas within the Red River system.

DECREE

Implementing the abolition of the use of flood diversion areas and flood retardation areas within the Red River system

retard the flood of the Red River system

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Water Resources dated May 20, 1998;

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

Pursuant to the Ordinance on Flood and Storm Prevention and Control dated March 8, 1993 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Flood and Storm Prevention and Control dated August 24, 2000;

Considering the proposal of the Minister of Agriculture and Rural Development, Head of the Central Steering Committee for Flood and Storm Prevention and Control,

DECREE:

Article 1. Abolish the use of flood diversion areas and flood retardation areas within the Red River system

1. Abolish the use of the Tam Thanh flood retardation area in Phu Tho province, Lap Thach in Vinh Phuc province, Luong Phu - Quang Oai, Ba Vi in Hanoi city, and the flood diversion system of the Day River (as stipulated in the Regulation on Flood Diversion and Retardation within the Red River System to Ensure Safety for Hanoi Capital issued pursuant to Decree No. 62/1999/NĐ-CP dated July 31, 1999) from the time when the Son La hydropower plant officially participates in flood control for downstream areas.

2. Flood prevention measures for the Red River system must be adjusted to ensure safety for Hanoi Capital and the Red River Delta according to the flood prevention plan consistent with the provisions of Clause 1.

Article 2. Measures to implement the abolition of the use of flood diversion areas and flood retardation areas

1. Utilize the Son La hydropower plant, coordinating with Hoa Binh, Tuyen Quang, and Thac Ba reservoirs to participate in joint regulation to reduce floods for downstream areas.

2. Reserve flood control capacity of the reservoirs for regulation and reduction of floods for downstream areas: Son La and Hoa Binh reservoirs on Da River at 7 billion cubic meters, Tuyen Quang reservoir at 1 billion cubic meters, and Thac Ba reservoir at 450 million cubic meters. Operate joint regulation to ensure that the flood flow rate on the Red River at Thuy Van Son Tay station is less than or equal to 28,000 cubic meters per second; at the Thuy Van Hanoi station less than or equal to 20,000 cubic meters per second, and the water level on the Red River at the Thuy Van Hanoi station does not exceed 13.40 meters. In case of serious accidents in the dike system or forecast of a flood larger than a once-in-500-year flood but smaller than the design flood for the Son La reservoir (once-in-10,000-year flood), part of the flood control capacity of the project can be used to reduce floods for downstream areas but must ensure the safety of the project.

3. Plan new construction, renovation, and upgrading of key works, the Red River dike system, dredging of the Red River channel to proactively divert water from the Red River into the Day River with a dry season flow rate of 30 to 100 cubic meters per second, and a flood season flow rate of 600 to 800 cubic meters per second to serve domestic and production water supply, economic and social development, and improve the environment. At the same time, ensure that the Day River can discharge a maximum flow rate of 2,500 cubic meters per second to prepare for when a flood with a recurrence interval greater than 500 years occurs in the Red River system, or a serious accident occurs in the dike system in the inner city of Hanoi.

4. Strengthen and upgrade the Red River - Thai Binh River dike systems, Tam Thanh, Lap Thach, Luong Phu - Quang Oai, Ba Vi dike systems to meet the design standards according to the flood prevention planning and dike system planning.

Article 3. Responsibilities of the Central Steering Committee for Flood and Storm Prevention and Control and relevant ministries, sectors, and localities

1. The Head of the Central Steering Committee for Flood and Storm Prevention and Control:

a) Directly supervise the development of floods closely; direct the implementation of the inter-reservoir flood operation procedure according to the division of responsibilities of

b) When a flood with a recurrence interval greater than 500 years occurs in the Red River system, or a serious accident occurs in the dike system in the inner city of Hanoi: report

2. Ministry of Industry and Trade:

a) Inspect and urge the timely progress of the construction of the Son La hydropower plant; report

b) Inspect and monitor the management units operating the Son La, Hoa Binh, Thac Ba, and Tuyen Quang hydropower plants to operate the projects according to the inter-reservoir operation procedures for Son La, Hoa Binh, Thac Ba, and Tuyen Quang reservoirs as

3. Ministry of Natural Resources and Environment: Direct forecasting, warning, and timely provision of rainfall and flood data (hourly) to the Central Steering Committee for Flood and Storm Prevention and Control and related agencies to provide advice for

4. Ministry of Agriculture and Rural Development:

a) Take the lead and coordinate with relevant ministries, sectors, and localities to adjust the flood prevention planning for the Red River and Thai Binh River systems, report

b) Take the lead and coordinate with the People's Committees of Hanoi, Ha Nam, Nam Dinh, and Ninh Binh provinces to adjust the overall planning of the Day River dike system, report

c) Direct surveys and evaluations of existing flood diversion works on the Day River; decide on renovation or new construction plans and manage the implementation of investment in key works to meet the objectives and tasks specified in Clause 3 of Article 2 of this Decree.

d) Direct and inspect the strengthening and upgrading of dike systems protecting the Tam Thanh, Lap Thach, Luong Phu - Quang Oai, and Ba Vi areas, as well as the planning and management of flood prevention and dike system planning for the Day River.

5. Ministry of Planning and Investment takes the lead and coordinates with the Ministries of Finance, Agriculture and Rural Development, and the People's Committees of Hanoi, Phu Tho, Vinh Phuc, Ha Nam, Nam Dinh, and Ninh Binh provinces to develop investment mechanisms to create funding sources to implement the measures stipulated in Clauses 3 and 4 of Article 2 of this Decree, report

6. People's Committees of Hanoi, Ha Nam, Nam Dinh, and Ninh Binh provinces:

a) Organize detailed flood prevention planning and dike system planning for the Day River under their jurisdiction in accordance with the Red River and Thai Binh River flood prevention planning and the overall planning of the Day River dike system.

b) Direct the preparation and approval of adjustments to land use planning, resettlement of residents, and construction of infrastructure in accordance with flood prevention planning and detailed dike system planning for the Day River.

c) Organize management and implementation of planning in accordance with regulations; implement investment projects according to planning.

7. People's Committees of Hanoi, Phu Tho, and Vinh Phuc provinces: Direct and organize the implementation of strengthening and upgrading of dike systems protecting the Tam Thanh, Lap Thach, Luong Phu - Quang Oai, and Ba Vi areas according to design standards.

8. The People's Committees of provinces and cities with dikes in the Red River and Thai Binh River systems shall direct and organize the implementation to reinforce and upgrade river dike lines according to the Program for Upgrading the River Dike System until 2020 which has been approved.

Article 4. Implementation provisions

1. This Decree takes effect from March 10, 2011, and replaces Decree No. 62/1999/NĐ-CP dated July 31, 1999, promulgating regulations on flood diversion and delay in the Red River system to ensure safety for the capital city of Hanoi.

2. Abolish the provision at Clause 1, Article 8 of Decree No. 08/2006/NĐ-CP dated January 16, 2006, of the Government detailing certain provisions of the Ordinance on Flood and Storm Prevention amended and supplemented on August 24, 2000.

3. The Chairman of the Central Steering Committee for Flood and Storm Prevention, Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and municipal People's Committees directly under the central government are responsible for implementing this Decree.