Decree No. 113/2007/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on Dikes.

DECREE

Detailed regulations and guidance on implementing certain provisions of the Law on Measurementsome articles of the Law on Dikes

__________________ 

THE GOVERNMENT

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

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 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,

DECREE:

Article 1. Scope of regulation and applicable subjects

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Decree provides detailed regulations and guidance for implementing certain provisions of the Law on Dikes dated November 29, 2006, including:

a) Article 4 on classification and grading of dikes;

b) Article 6 on the State policy in the field of dikes;

c) Article 9 on the contents of flood prevention planning for river lines with dikes;

d) Article 26 on the use of river banks where there are no construction works;

e) Article 27 on handling existing works and houses within the protected areas of dikes and river banks;

f) Clause 2 of Article 37 on the organizational structure, uniforms, insignia, ranks, and policies for specialized forces managing dikes;

g) Article 44 on inspection of dikes and Article 46 on handling violations of laws on dikes under the Law on Dikes.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Decree applies to all organizations and individuals, both domestic and foreign, involved in activities related to dikes in Vietnam.

Article 2. Classification and grading of dikes according to Article 4 of the Law on Dikes are stipulated as follows:

1. Dikes are classified into river dikes, sea dikes, estuary dikes, embankment dikes, enclosure dikes, and special-purpose dikes.

2. The grade of each dike line shall be implemented according to the decision on grading issued by the Ministry of Agriculture and Rural Development authorized by the Government.

3. The Ministry of Agriculture and Rural Development shall be responsible for annually reviewing and adjusting the grades of dikes according to the criteria set forth in Clause 3 of Article 4 of the Law on Dikes to suit the socio-economic development situation of the locality.

Article 3. The State policy in the field of dikes according to Clause 2 and Clause 3 of Article 6 of the Law on Dikes is stipulated as follows:

1. Organizations and individuals investing in research or applying science and technology to the field of dikes, if permitted by competent state authorities, shall be supported financially and enjoy other benefits as prescribed.

2. Organizations and individuals investing in dikes for combined transportation purposes shall enjoy the following rights:

a) Using the dike for the purpose approved by the competent authority;

b) Being facilitated by local authorities regarding construction sites;

c) Allowing traffic vehicles to operate according to the load capacity specified in the investment project;

d) Being permitted to collect traffic fees according to the law.

3. Organizations and individuals investing in planting wave-breaking trees to protect dikes shall enjoy the following rights:

a) Being allocated land within the protected area of the dike for planting trees;

b) Receiving financial support from the annual budget for dike construction and maintenance;

c) Being allowed to exploit and benefit from the investment area according to regulations.

Article 4. The contents of flood prevention planning for river lines with dikes according to Clause 2, Clause 3, and Clause 5 of Article 9 of the Law on Dikes are stipulated as follows:

1. Determining the design flood of the river line, including the design flood flow rate and water level for each planning phase, determining the warning flood water level for organizing dike protection.

2. Determining technical solutions for flood prevention planning of river lines with dikes, analyzing and evaluating the role of each solution:

a) Building upstream water storage reservoirs;

b) Planting protective forests at the headwaters and planting wave-breaking trees to protect dikes;

c) Constructing and maintaining dikes;

d) Determining flood distribution zones, slowing down floods, the ability to distribute floods into other rivers, determining the operating sequence of flood distribution structures;

e) Clearing the flow channel;

f) Organizing management and dike protection.

3. The implementation solutions for flood prevention planning of river lines with dikes must be arranged in priority order for each phase.

Article 5. The use of river banks where there are no construction works according to Point c Clause 3 Article 26 of the Law on Dikes is stipulated as follows:

To ensure that construction does not reduce the design flood flow rate beyond the permissible limit; does not increase the design flood water level beyond the permissible limit; and does not affect the flow in adjacent, upstream, and downstream areas, the following requirements must be met:

1. Outside the protected area of the dike.

2. Complying with flood prevention planning, dike planning, land use planning, and construction planning as stipulated in Point b Clause 3 Article 26 of the Law on Dikes.

3. New construction projects must maintain a certain distance from the riverbank to clear the flow channel, prevent erosion; serve the construction of riverside roads, create a scenic environment; the Provincial People's Committee shall determine this specific distance.

4. Power stations, health stations, schools, water supply stations, warehouses when preparing construction projects must comply with the provisions of Clauses 1, 2, and 3 of this Article, and must be higher than the designed dike water level to operate continuously and safely during the flood season.

Article 6. Handling existing works and houses within the protected areas of dikes and river banks according to Article 27 of the Law on Dikes is stipulated as follows:

1. Based on the flood prevention planning of river lines with dikes approved by the Government, and detailed flood prevention planning of river lines with dikes within the locality approved by the Provincial People's Council, the Provincial People's Committee shall be responsible for:

a) Directing the preparation of planning and approving or submitting to the competent authority for approval the adjustment plan for land use planning and construction planning in river banks as stipulated in Clause 1 of Article 27 of the Law on Dikes;

b) Organizing the marking of boundary stakes on-site according to the planning;

c) Determining the number of works and houses that need to be relocated;

d) Preparing plans and measures for relocation.

2. The relocation time for existing works and houses within the protected areas of dikes and river banks that need to be relocated is stipulated as follows:

a) Existing works and houses in areas currently experiencing erosion must be relocated immediately to ensure the safety of lives and property of the people;

b) Existing works and houses within the protected areas of dikes must organize relocation within a maximum period of two years, starting from the date the Law on Dikes takes effect;

c) Structures and houses that are not in compliance with planning schemes (land use plans; flood prevention plans; construction plans for structures and houses, and other related plans) approved by competent authorities shall be relocated within a maximum period of five years from the date this Law on Dikes takes effect.

3. Policies for existing structures and houses within the protected areas of dikes and riverbanks that must be relocated are stipulated as follows:

a) Legal structures and houses shall be compensated according to the provisions of the law;

b) Illegal structures and houses may be considered for support; the specific level of support shall be decided by the People's Committee of the province.

4. Construction projects approved before the effective date of the Decree on Dikes (January 1, 2001), but not yet implemented or completed, if they comply with the planning schemes specified in the Law on Dikes and current laws, shall continue to be implemented. The People's Committee of the province shall be responsible for examining and deciding specifically for each such project.

Article 7. The organizational structure of the specialized force managing dikes under Clause 2 of Article 37 of the Law on Dikes is stipulated as follows:

1. The specialized force managing dikes at the provincial level (hereinafter referred to as the provincial level) where there are dikes shall be organized into Dike Management Stations within the scope of one district or multiple districts.

The Dike Management Station is a unit of the Dike Management and Flood Prevention Office under the Department of Agriculture and Rural Development at the provincial level; it has its own office, seal, and separate account.

2. The specialized force managing dikes has the function of directly managing and protecting dikes from Class III to Special Class.

For dikes of Class IV and V; flood diversion lines and lines designed to slow down floods, the organization of management shall be regulated by the People's Committee of the province.

3. The staffing of the Dike Management Station shall be determined by the People's Committee of the province based on the following standards:

a) One person directly managing 1 to 2 kilometers of Special Class dikes; 3 to 4 kilometers of dikes from Class I to Class III;

b) The staffing standard for managing dikes of Class IV and V; flood diversion lines and lines designed to slow down floods shall be regulated by the People's Committee of the province.

Article 8. The system of benefits and policies for the specialized force managing dikes under Clause 2 of Article 37 of the Law on Dikes is stipulated as follows:

1. Uniforms, insignia, badges, and cards of the specialized force managing dikes are detailed in the Appendix attached to this Decree.

2. The issuance of uniforms, insignia, badges, and cards of the specialized force managing dikes shall be carried out as follows: peaked caps every three years; soft caps every two years; wool caps every three years; wool coats every three years; autumn-winter clothing, vests, and scarves every three years; spring-summer clothing annually (two sets in the first year); socks annually (two pairs in the first year); leather shoes every three years; leather belts every three years; insignia, badges, and cards shall be replaced or reissued when damaged.

3. The specialized force managing dikes shall enjoy systems and policies regarding salaries, preferential allowances, and equipment, devices, and protective gear for labor protection.

The Ministry of Home Affairs shall take the lead and coordinate with relevant ministries and agencies to submit to the Prime Minister for decision on salary systems and allowances; the Ministry of Agriculture and Rural Development shall take the lead and coordinate with relevant ministries and agencies to submit to the Prime Minister for decision on the provision of equipment, devices, means, and protective gear for labor protection for the specialized force managing dikes.

4. Operating funds for the Dike Management Station shall be provided from the state budget according to the provisions of the State Budget Law.

Article 9. Inspection of dikes according to Article 44 of the Law on Dikes is stipulated as follows:

1. Dike inspection is a specialized inspection under the Ministry of Agriculture and Rural Development and shall be carried out in accordance with the provisions of Government Decree No. 153/2005/ND-CP dated December 15, 2005, on the organization and operation of Agricultural and Rural Development Inspections.

2. The Minister of Agriculture and Rural Development shall stipulate the functions, tasks, powers, and organizational structure of the Dike Inspection.

Article 10. Handling violations of the law on dikes according to Article 46 of the Law on Dikes is stipulated as follows:

1. Organizations and individuals violating the law on dikes shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation shall be made according to the provisions of the law.

2. Administrative penalties for the management and protection of dikes shall be separately regulated by the Government.

Article 11. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette and upon the effectiveness of the Law on Dikes.

Government Decree No. 171/2003/ND-CP dated December 26, 2003, detailing certain provisions of the Decree on Dikes and Government Decree No. 78/2005/ND-CP dated June 10, 2005, on the organization, tasks, powers, and uniforms of the specialized force managing dikes shall cease to be effective from the date this Decree takes effect.

Abolish and revoke all previous regulations that conflict with the provisions of this Decree./.