Circular No. 04/2021/TT-BNNPTNT guiding the implementation of approval and examination of activities related to dikes and embankments

CIRCULAR

Guidelines for Implementing Approval and Review of Activities Related to Dikes

Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Levee Law on November 29, 2006; the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Levee Law on June 17, 2020;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

Pursuant to the Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Levee Law;

At the request of the Director General of the National Disaster Prevention and Control Agency;

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of approval and review of activities related to dikes.

This Circular guides the implementation of obtaining approval from the Ministry of Agriculture and Rural Development for activities related to dikes and reviewing contents related to flood drainage and dike safety for investment construction projects on river beaches, floating islands, or inland areas without approved construction works, as approved by the Prime Minister.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals with activities related to dikes.

Article 3. Provisions on Approval

1. Activities that must obtain approval from the Ministry of Agriculture and Rural Development include:

a) Issuing permits for activities specified in points a, b, c, and h Clause 1 Article 25 of the Law on Dikes for special grade, Grade I, Grade II, and Grade III dikes;

b) Constructing and renovating transportation infrastructure related to dikes affecting two provinces or more.

2. Content for Approval Consideration

a) Compliance with laws and regulations on dikes;

b) Consistency with flood prevention planning for rivers with dikes, dike planning; flood prevention plans for rivers with dikes, development plans for dike systems within provincial planning already approved by competent authorities;

c) Ensuring dike safety and flood drainage when constructing works;

d) Flood prevention measures during construction and ensuring dike safety during management and use of works;

đ) Measures to ensure traffic safety on dikes during construction;

e) Other relevant issues (if any).

3. Method of Obtaining Approval

The People's Committee of the province sends two sets of application files for approval to the Ministry of Agriculture and Rural Development, including:

a) A letter requesting approval from the People's Committee of the province;

b) Written opinions of the Department of Agriculture and Rural Development submitted to the People's Committee of the province;

c) Technical documentation of the work approved by competent authorities, including: Detailed explanation and overall plan view, representative cross-sections, showing contents related to dikes and flood drainage when constructing works;

d) Other documents related to the construction and implementation of the project (if any);

đ) Relevant documents of the People's Committee of the province concerning works affecting two provinces or more.

4. Receiving and Processing Application Files for Approval

a) The National Disaster Prevention and Control Agency under the Ministry of Agriculture and Rural Development is the agency responsible for receiving and processing application files for approval.

b) During the file review process, if it is found that the work affects dike safety and flood drainage, depending on specific cases, the National Disaster Prevention and Control Agency may send a letter requesting the People's Committee of the province to supplement additional materials to serve the review and approval process, including: independent consulting unit's review documents regarding the impact of the work on dike safety and flood drainage (reduction in design flood flow rate; increase in design flood water level; impact on adjacent, upstream, and downstream flow; stability of riverbed; stability of dike body and foundation in the construction area); written opinions of relevant functional agencies; topographic and geological survey materials for inspection and calculation purposes.

c) In case the file does not meet the requirements or needs to supplement materials as stipulated in point b of this clause, within three working days from the date of receipt of the file, the National Disaster Prevention and Control Agency will issue a written notice to the People's Committee of the province requesting supplementation and completion of the file.

d) Within fifteen days from the date of receipt of complete files as prescribed, the National Disaster Prevention and Control Agency will consider and provide written approval; in case of non-approval, the National Disaster Prevention and Control Agency will issue a written notification stating the reasons for non-approval and send it to the People's Committee of the province.

Article 4. Provisions on Appraisal

2. Contents of appraisal

a) Compliance with laws and regulations on dikes;

b) Compliance with disaster prevention and control plans, water conservancy plans, flood prevention plans for rivers with dikes, dike management plans, and provincial plans approved by competent authorities;

c) The location of construction works in relation to the protected area of dikes;

d) Contents ensuring that the design flood flow rate is not reduced beyond the permissible limit; the design flood level is not increased beyond the permissible limit; and the construction work does not affect the flow in adjacent, upstream, and downstream areas;

đ) Measures to ensure dike safety, bank stability, river beach, floating island, or inland stability, and channel stability during construction;

e) Flood prevention and control measures during construction, management, and use of the works;

g) Other related issues (if any);

The People's Committee of the province sends two sets of application files for appraisal to the Ministry of Agriculture and Rural Development;

a) A report from the Provincial People's Committee;

b) Written opinions of the Department of Agriculture and Rural Development submitted to the People's Committee of the province;

c) Project investment construction files including contents related to flood prevention and control plans for rivers with dikes, dike management plans, provincial plans, land use plans, construction plans approved, and calculation results meeting the requirements for dike safety and flood discharge as stipulated in Clause 3, Article 26 of the Law on Dikes, Clause 13, Article 13 of the Law amending and supplementing certain articles of 37 relevant laws concerning planning, and Article 5 of Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of some provisions of the Law on Dikes;

d) Other documents related to the construction and implementation of the project (if any);

đ) An independent consulting unit's review document regarding the impact of the work on dike safety and flood discharge, specifically about reducing the design flood flow rate; increasing the design flood level; affecting the flow in adjacent, upstream, and downstream areas; stabilizing the channel; stabilizing the dike body and foundation in the construction area;

e) A document from the People's Committee of the province related to works affecting two provinces or more;

a) The National Center for Disaster Prevention and Control under the Ministry of Agriculture and Rural Development is the agency responsible for receiving and processing application files for appraisal;

b) In cases where the files are incomplete or require additional materials, within three working days from the date of receipt, the National Center for Disaster Prevention and Control will issue a written notice to the People's Committee of the province requesting supplementation and completion of the files;

c) Within thirty days from the date of receipt of complete files, the National Center for Disaster Prevention and Control will examine the files, organize the appraisal, report to the Ministry of Agriculture and Rural Development with a written opinion on the appraisal, and send it to the People's Committee of the province;

Article 5. Effective Date

1. This Circular takes effect from January 1, 2021, and replaces Circular No. 46/2011/TT-BNNPTNT dated June 27, 2011, of the Minister of Agriculture and Rural Development on the procedures for implementing approvals and appraisals of activities related to dikes.

2. During implementation, if any difficulties arise, they should be promptly reported to the Ministry of Agriculture and Rural Development for research and resolution.