Decision No. 158-TTg On measures to address violations of the Ordinance on Dikes and Reservoirs in Hanoi

DECISION OF THE PRIME MINISTER

On Measures to Address Violations of the Flood Control Law in Hanoi

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Considering the reports from the Ministry of Water Resources, the Ministry of Home Affairs, and the People's Committee of Hanoi City;

Based on the results of the meeting held on March 14, 1995, chaired by the Prime Minister, with the participation of relevant ministries, agencies, and localities;

To ensure absolute safety for the Hanoi flood protection embankment during the 1995 rainy season and in the long term, and to strictly maintain legal discipline;

DECISION:

Article 1. - Flood control is a matter of national security. The Hanoi flood protection embankment is classified as a special category; if it were to break, the consequences would be unimaginable. Ensuring the safety of the embankment is extremely important, and strictly addressing violations of the Flood Control Law aims to guarantee absolute safety for the embankment and to uphold legal discipline.

Article 2. - Implementing the first phase plan to address violations of the Flood Control Law in Hanoi, proposed by the Ministry of Water Resources, the Ministry of Home Affairs, the People's Committee of Hanoi City, and related sectors, which includes the following main contents:

1. Technical remediation plan:

Restore the embankment surface, slope, and buffer zones on both sides of the embankment. Specifically, maintain the current average dimensions of the embankment surface, ensure the current average slope of the embankment (m = 1.5 - 2), and guarantee a minimum clearance of five meters (five meters) from the base of the embankment on both sides; implement technical measures to reinforce and ensure absolute safety of the embankment during the 1995 rainy season; establish management paths on both sides of the embankment base to facilitate inspection and timely emergency response when the embankment is compromised.

The Ministry of Water Resources is responsible for approving specific technical designs, leading together with the People's Committee of Hanoi City and related sectors to determine the boundaries of the embankment base and the minimum clearance area as mentioned above, and to complete technical reinforcement of the embankment before June 30, 1995.

2. Relocation plan:

All residential buildings and existing structures on the embankment surface, slope, and within the minimum clearance area of five meters (five meters) from the base of the embankment must be relocated elsewhere to create a clear space for technical remediation and reinforcement of the embankment, ensuring its absolute safety and facilitating inspection and emergency response when the embankment is compromised.

The relocation of households and demolition of structures must keep pace with the schedule for embankment reinforcement. Priority should be given to clearing critical areas first; for structures that significantly impact the safety of the embankment, immediate action must be taken. For historical and cultural sites, follow Article 19 of the Flood Control Law promulgated on November 16, 1989 by the Council of State of the Socialist Republic of Vietnam.

When relocating residents within the aforementioned area, detailed plans and schemes must be developed for each household, considering individual circumstances to provide fair and appropriate support. Specifically:

a) Households residing for a long time and using land legally before the issuance of Decree No. 429/HĐBT dated December 15, 1990 by the Council of Ministers (now the Government) shall be supported by the state with part of the relocation costs and be allocated land outside the flood control zone by local authorities.

b) Those who have illegally occupied land, used land improperly, constructed houses without permission or in violation of regulations, must be dealt with firmly, either returning to their original residence or moving elsewhere without support.

The People's Committee of Hanoi City is responsible for developing detailed plans and implementing them promptly and decisively, utilizing a combination of educational, propaganda, and enforcement measures to ensure people understand and comply with the law for the common good. Alongside propaganda and education, coercive measures must be applied to those who deliberately refuse to comply with the law.

3. Legal handling plan:

The Ministry of Home Affairs leads the implementation of the legal handling plan in conjunction with relevant sectors. Individuals who constructed or expanded structures illegally within the flood control zone after the promulgation of Decree No. 429/HĐBT dated December 15, 1990 by the Council of Ministers (now the Government); those who issued permits beyond their authority, those who imposed fines but allowed the structures to remain, and those directly responsible for management who failed to fulfill their duties must be investigated and dealt with according to the severity of their offenses.

To ensure swift, strict, and lawful handling, maintaining legal discipline, the People's Committee of Hanoi City, the Ministry of Water Resources, and central-level sectors with jurisdiction shall handle administrative violations according to their authority. Cases involving criminal responsibility shall be investigated by the Ministry of Home Affairs and dealt with according to the law.

4. Implementation of the first phase plan to address violations of the Flood Control Law as outlined above is an urgent measure. The Ministry of Finance and the State Planning Commission shall provide sufficient and timely funds according to the budget of the Ministry of Water Resources (within the 1995 capital plan).

The People's Committee of Hanoi City shall work with the Ministry of Finance to temporarily allocate part of the funds to support the demolition of structures and relocation.

5. The Ministry of Water Resources and the People's Committee of Hanoi City are responsible for coordinating with relevant sectors to widely publicize the Flood Control Law and measures to address violations among the people, so that everyone understands and participates in ensuring political stability and social order.

Article 3. - Simultaneously with the implementation of the first phase plan, based on current regulations, the Ministry of Water Resources, the People's Committee of Hanoi City, and related sectors shall develop a second phase plan to comprehensively resolve issues, ensuring long-term durability, and suitable for the characteristics of the Hanoi flood protection embankment, and submit it to the Prime Minister for consideration and decision in accordance with three types as stipulated in Decree No. 429/HĐBT dated December 15, 1990 by the Council of Ministers (now the Government) as follows:

For cases causing severe instability to the flood control system, they must be demolished and the flood control system reinforced and repaired.

For cases affecting the safety of the flood control system but not severely, gradual relocation or measures to limit their impact on the safety of the flood control system shall be implemented.

Types that have less impact on the safety of dikes and embankments may continue to be used but must strictly comply with regulations regarding dike and embankment protection.

While studying the construction plan for step 2, the Ministry of Water Resources shall take the lead, together with the Ministry of Construction, the Ministry of Science and Technology, and the Environment, and the People's Committee of Hanoi City, to examine the handling of the remaining parts of houses and structures dismantled in step 1 according to the above three types.

Article 4. - The Minister of Water Resources, the Minister of Home Affairs, the ministers, heads of ministerial-level agencies, heads of government agencies related to this matter, and the Chairman of the People's Committee of Hanoi City are responsible for implementing this Decision.

During the process of organizing and implementing, if any issues arise, the ministries and the People's Committee of Hanoi City shall report promptly for