Directive No. 108/TTg on handling violations of the Dike Law at the section of the Red River embankment within the jurisdiction of Hanoi.

DIRECTIVE

ON THE HANDLING OF VIOLATIONS OF THE LAW ON Dikes and Levees IN THE SECTIONS OF THE RED RIVER DIKE WITHIN THE TERRITORIAL LIMITS OF HANOI

SCOPE OF HANOI

The situation regarding violations of the Law on Dikes and Levees in the sections of the Red River dike within the territorial limits of Hanoi has become serious, especially in recent years. Just considering the sections of the dike under Ba Dinh District and Tu Liem District, there have been over 1,100 cases where individuals and organizations have constructed houses and other structures violating the protected areas for dike safety, with some constructions even extending deeply into the dike body. Some officials have violated state regulations, improperly issuing permits to construct houses and other structures beyond their authority. The handling and prevention measures taken by the People's Committee of Hanoi City and the Ministry of Water Resources have not been resolute, hesitating for many years.

These are very serious violations of the law, not only damaging the sustainability and safety of the dike protecting the capital city, making it impossible to predict the risks and consequences, but also openly violating the law and disregarding national discipline. Handling violations of the Law on Dikes and Levees in Hanoi has become an increasingly concerning issue for public opinion across the country.

To ensure absolute safety of lives and property of the people and the State, maintain the integrity of the dike during the rainy season, and strictly enforce national discipline, to continue implementing Document No. 420/KTN dated January 25, 1995, the Prime Minister instructs the Minister of Water Resources, the Chairman of the People's Committee of Hanoi City, and relevant ministries to immediately carry out the following tasks:

1/ Handling violations of the Law on Dikes and Levees in Hanoi is a very difficult and complex task. The Ministry of Water Resources and the People's Committee of Hanoi City must cooperate with relevant ministries and sectors to resolve these issues calmly, seriously, but urgently and firmly, to achieve the goal of ensuring absolute safety for the dike during the 1995 rainy season and maintaining strict social discipline.

2/ To achieve this goal, handling violations of the Law on Dikes and Levees in Hanoi must be carried out through both administrative measures and technical solutions.

a/ Regarding administrative measures:

- The Minister of Water Resources and the People's Committee of Hanoi City must prepare to critically review their responsibilities before the Government for the management failure at the sectoral and territorial levels that led to the current severe violations of the Law on Dike Protection, while organizing a thorough review to clarify the responsibility of officials from the Ministry and localities involved in these incidents. After clearly identifying the level of each person's violation, legal action must be taken accordingly.

- All those who issued permits beyond their authority, allowing construction of houses and other structures within the protected areas for dike safety, and those who imposed penalties but allowed the structures to remain without demolition (penalty for continued existence) must be immediately suspended from duty for review and disciplinary action. This is the first step, followed by further investigation and verification, and legal action according to the degree of violation.

- The People's Committee of Hanoi City must strictly implement the suspension and immediate handling of all ongoing construction of houses and other architectural structures within the protected areas for dike safety as stipulated in the Law on Dikes and Levees, including structures with existing permits, those under construction, or newly started projects. Administrative penalties must be applied to organizations and individuals who fail to comply, and criminal responsibility pursued against those who intentionally violate the law severely.

- The Ministry of Home Affairs must cooperate with relevant functional sectors to thoroughly investigate the violations of the Law on Dikes and Levees in Hanoi and initiate criminal proceedings, bringing violators to public legal judgment.

b) Regarding technical solutions:

- The Minister of Water Resources is fully responsible for technical handling, ensuring absolute safety for the Hanoi dike (no longer establishing a Technical Steering Committee to advise the Government on building technical solutions for the Hanoi dike, as announced in Document No. 420/KTN dated January 25, 1995 of the Government).

- To promptly handle and protect the Hanoi dike during the 1995 rainy season and ensure long-term safety, technical handling will be carried out in two steps:

+ Step 1: Develop an urgent solution plan to reinforce weak sections of the dike, ensuring the safety of the Hanoi dike during the 1995 flood season.

+ Step 2: Develop a comprehensive plan to ensure long-term safety for the Hanoi dike.

To implement these steps, the Ministry of Water Resources must mobilize scientists and experts to research and calculate the plans, and coordinate with relevant ministries, sectors, and the People's Committee of Hanoi City to select the optimal plan; the plan must include both technical and administrative and economic measures.

The Ministry of Water Resources is responsible for immediately conducting investigations, statistics, and verifications of technical factors. The People's Committee of Hanoi City is responsible for administrative matters, processing procedures, ensuring smooth and swift investigations and research, completing before the rainy season, and simultaneously responsible for compiling and verifying administrative violations to serve the handling process. The Ministry of Home Affairs and the Public Security Department of Hanoi City are responsible for investigating and verifying violations.

During the investigation and research period, if urgent situations requiring immediate handling to ensure dike safety are discovered, the Ministry of Water Resources and the People's Committee of Hanoi City must cooperate and reach consensus to handle them immediately within their authority; if the situation exceeds their authority, they must report immediately to the Prime Minister for decision.

While focusing on handling the Hanoi dike, the Ministry of Water Resources must promptly identify and handle other weak sections of the dike to ensure dike safety and prevent violations of the Law on Dikes and Levees.

3/ Regarding funding for handling the Hanoi dike, the Ministry of Water Resources must calculate and budget according to the technical plans, initially for investigation, surveying, and implementing urgent handling measures; the Ministry of Water Resources and the People's Committee of Hanoi City must work with the Ministry of Finance to utilize part of the funds allocated for dike maintenance in 1995.

The Minister of Water Resources, the Minister of Interior, the Chairman of the People's Committee of Hanoi City, and the Ministers and Heads of agencies at the ministerial level and relevant government agencies shall strictly implement this Directive.