DECREE NO. 171/2003/ND-CP DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE DIKE REGULATION ORDINANCE

DECREE

Detailed Implementation of Certain Provisions of the Dyke Regulation Ordinance

____________________

THE GOVERNMENT

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

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

Based on the Flood and Storm Prevention Ordinance dated August 24, 2000;

Pursuant to the Law on Dyke Management dated August 24, 2000;

At the request of the Minister of Agriculture and Rural Development,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Application

1. This Decree stipulates management activities, construction, repair, protection, use, dyke guarding, and emergency rescue operations for dykes that have been classified.

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

Article 2. Definitions.

In this Decree, the following terms are understood as follows:

1. "River dyke" refers to a dyke along the riverbank preventing floodwaters and tidal surges from inundating the protected area.

2. "Coastal dyke" refers to a dyke along the coastline or estuary preventing seawater from inundating the protected area.

3. "Inner dyke line" refers to a dyke located within the area already protected by river or coastal dykes, with its ends connecting to the main outer dyke line, serving as a preventive measure against flooding from rivers or seas when the outer dyke line breaches or collapses.

4. "Back dyke" refers to a dyke situated outside the river dyke with a smaller scale and lower elevation than the river dyke, protecting residential and economic areas along the riverbank or in the riverbed.

5. The "current base of the earthfill dyke" is the intersection between the dyke slope or core dyke slope and the average natural ground surface at the time of determining the boundary of the dyke protection zone. For concrete or other material structures, the current base of the dyke is the outermost position of the foundation structure at the upstream and downstream ends of the dyke.

6. "Dyke protection revetment" refers to various types of revetments constructed directly to protect vulnerable sections of dykes or to divert water flow away from the shore, indirectly protecting the dyke.

7. "Dyke crossing culvert" refers to a culvert built through the dyke for the purpose of supplying and draining water across the dyke.

8. "Dyke crossing passage" refers to a section of the dyke lowered and cut across to serve as a road.

9. "Other auxiliary works" refer to facilities serving the management and protection of dykes such as: emergency spillways, various markers on the dyke; boundary markers for the protection zones of dykes, revetments, and culverts; various signboards for dykes, revetments, and culverts; water level gauges; pressure relief wells; dedicated communication lines for flood and storm prevention; stations and specialized equipment placed inside or outside the protection zone of the dyke to monitor technical parameters of the dyke; dyke watchtowers; headquarters of the Dyke Management Team; headquarters of the Flood and Storm Prevention Command and reserve warehouses for flood and storm prevention materials.

10. "Diverting floodwaters" refers to the proactive transfer of part of the floodwaters of a river to another direction of flow.

11. "Detaining floodwaters" refers to temporarily storing part of the floodwaters of a river in a designated area.

12. "Dyke guarding" refers to activities ensuring the safety of dykes during the flood and storm season.

13. "Emergency rescue of dykes" refers to urgent response and repair activities when dykes, revetments, or culverts are damaged or severely threatened.

Article 3. The Ministry of Agriculture and Rural Development is responsible for establishing and approving standards and classification levels for each dyke line as provided for in Article 3 of the Dyke Regulation Ordinance.

Chapter 2:

CONSTRUCTION AND REPAIR OF DYKES

Article 4. New construction or repair of dykes must be carried out according to the approved dyke planning scheme by the Ministry of Agriculture and Rural Development.

The Ministry of Agriculture and Rural Development is responsible for establishing, approving, and providing technical guidance on the construction and protection of dykes.

Article 5. The use of public service labor in regular construction and repair of dykes, as stipulated in Clause 1, Article 7 of the Dyke Regulation Ordinance, is regulated as follows:

Based on the provisions of the Public Service Labor Ordinance, the People's Committee of provinces and centrally governed cities (hereinafter referred to as provincial level) shall direct the preparation of annual plans submitted to the People's Council at the same level for decision and implementation of mobilizing public service labor days within the province to prioritize the construction and repair of regular dykes.

Article 6. Construction and repair funding for dykes, as stipulated in Article 8 of the Dyke Regulation Ordinance, is regulated as follows:

1. Dykes from Class III to Special Class are mainly funded by the central budget; at the same time, localities also bear the responsibility to participate in investment in construction and repair of all classes of dykes within their jurisdiction.

2. Annually, the State allocates capital investment plans for the Ministry of Agriculture and Rural Development to construct, repair, and upgrade dyke lines from Class III to Special Class.

3. The Provincial People's Committee decides the annual investment amount for Class IV dyke lines and other local dyke lines.

4. In cases where localities suffer from natural disasters or face special difficulties, the Ministry of Agriculture and Rural Development will consider supporting these localities from the dyke management funds managed by the Ministry to restore and repair Class IV dyke lines.

Chapter 3:

PROTECTION AND USE OF DYKES

Article 7. The adjacent areas of dykes as stipulated in Article 9 of the Dyke Regulation Ordinance are defined as follows:

1. Adjacent areas:

a) River dykes from Class III to Special Class:

For residential areas and urban areas: The protection range extends 5 meters from the current base of the dyke on both sides of the river and the landward side. For other areas: The protection range extends 20 meters from the current base of the dyke toward the river and 25 meters toward the landward side.

b) Coastal dykes: The protection range extends 200 meters from the current base of the dyke toward the sea and 15 meters toward the landward side.

For coastal dykes in areas with mangrove forests, the protection range extends from 200 meters to 500 meters toward the sea with existing forests and 15 meters toward the landward side.

c) Class IV dykes, inner dyke lines, back dykes, and other local dyke lines: The protection range from the current base of the dyke outward is determined by the Provincial People's Committee.

d) Dyke protection revetments:

The protection range for revetments directly protecting river and coastal dykes is determined from the outermost limit of the cast-in-place structure on each side, extending 50 meters.

đ) Dyke crossing culverts: The protection range for culverts belonging to the river and coastal dyke system is determined from the outermost limit of the cast-in-place structure on each side, extending 50 meters.

e) For drilling and excavation activities outside the dyke protection zone: When drilling or excavating deeper than 1 meter below the natural ground surface, it must be at least 10 meters further away from the dyke protection zone for normal ground sections and 200 meters for sections with poor geological foundations prone to upheaval and bubbling during floods, except in special cases permitted by competent authorities.

2. In special cases requiring changes to the dyke protection ranges specified in Clause 1 of this Article, the Minister of Agriculture and Rural Development shall submit to the Prime Minister for consideration and decision.

Article 8. Other special works specified in Clause 3, Article 11 of the Dike Regulation Ordinance include:

1. Passages through dikes.

2. Pump stations, culverts, boat basins.

3. Underground works serving dike safety, national defense security, economic and social development.

4. Underground water extraction systems serving public interests and common economic benefits.

5. Pipelines: electricity, optical cables, oil, gas, water conveyance.

6. Historical, cultural relics, ancient town areas requiring protection and restoration.

Article 9. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Transport to specify the permissible load for motor vehicles traveling on dikes according to Clause 6, Article 11 of the Dike Regulation Ordinance.

Article 10. The handling of houses and existing works within the dike protection area prior to the effective date of the Dike Regulation Ordinance (January 1, 2001) under Article 18 of the Dike Regulation Ordinance is stipulated as follows:

1. Implement Point a, Clause 1, Article 18 of the Dike Regulation Ordinance. Houses and existing works located on the dike face, dike roof, dike body, and within five meters from the current dike foot for all dike levels must be relocated, except for dedicated works specified in Clause 3, Article 11 of the Dike Regulation Ordinance and other special works specified in Article 8 of this Decree.

2. Houses and works located from five meters from the current dike foot to the end of the dike protection area on the landward side may continue to be used, improved, and repaired but shall not expand their floor area; such improvements and repairs shall be regulated by the People's Committee of the province.

3. Houses and works located from five meters from the current dike foot to the end of the dike protection area on the riverward side and houses and works on river beaches and riverbeds shall be handled as follows:

a) Houses and works that do not directly affect flood drainage may continue to be used, improved, and repaired but shall not expand their floor area; such improvements and repairs shall be regulated by the People's Committee of the province.

b) Houses and works that directly affect flood drainage: those adjacent to the riverbank, low-lying areas below warning level 2, and places where changes in flow cause bank erosion must be relocated or re-planned for improvement to ensure flood drainage regulations.

The People's Committee of the province shall be responsible for directing the establishment and implementation of plans for relocating houses and works within the dike protection area or planning for improvement to ensure dike safety and flood drainage regulations; at the same time, they shall formulate compensation policies or financial support for organizations and individuals whose houses and works are demolished or relocated according to the provisions of the law.

Article 11. The Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Home Affairs to draft and submit to the Government for promulgation the Regulations on the organization, tasks, powers, and uniforms of specialized dike management units as stipulated in Article 20 of the Dike Regulation Ordinance.

Chapter 4:

DIKE PROTECTION

Article 12. The division and delay of floods according to Article 24 of the Dike Regulation Ordinance is stipulated as follows:

1. The division and delay of floods shall be carried out according to specific provisions of the Flood Division and Delay Regulations issued together with Decision No. 62/1999/NĐ-CP dated July 31, 1999 of the Government.

2. The Ministry of Agriculture and Rural Development shall be responsible for directing the planning of flood division and delay, measures to ensure safety for dike lines from Class III to Special Class; determining the sequence of flood delay and division operations when floods exceed design levels or emergency flood situations arise.

3. The People's Committee of the province shall be responsible for developing plans for flood division and delay, measures to ensure safety for all dike levels within its jurisdiction to promptly respond to floods exceeding design water levels or emergency flood situations. The Ministry of Agriculture and Rural Development shall be responsible for reviewing the plans and solutions of the provincial People's Committee and submitting them to the Prime Minister for approval.

4. Support for mitigating flood damage and subsidies for people in areas designated as flood division and delay areas shall be implemented according to the Prime Minister's Decision on support policies for flood division and delay areas.

Article 13. The authority to mobilize materials, equipment, and forces for dike protection and rescue according to Article 25 of the Dike Regulation Ordinance is stipulated as follows:

1. The Chairman of the People's Committee and the Head of the Provincial Flood Control and Storm Prevention Command have the responsibility to promptly mobilize state, local, and organizational and individual forces, materials, and equipment within their jurisdiction for rescue and ensuring dike safety.

2. The Chairman of the People's Committee and the Head of the District Flood Control and Storm Prevention Command have the responsibility to promptly mobilize state, local, and organizational and individual forces, materials, and equipment within their jurisdiction for dike protection to ensure dike safety. Mobilization of state flood control and storm prevention reserve materials within the jurisdiction must be decided by the Chairman of the Provincial People's Committee or the Head of the Provincial Flood Control and Storm Prevention Command or higher.

3. The Chairman of the Commune People's Committee has the responsibility to promptly mobilize local, organizational, and individual forces, materials, and equipment within their jurisdiction to immediately address initial dike incidents; while reporting to the immediate superior for timely assistance and rescue to ensure dike safety.

4. In cases of emergencies involving floods, storms, natural disasters requiring the use of land, localities may requisition land according to the law. The authority to requisition land, return land, and compensate those whose land is requisitioned shall be implemented according to the Land Law.

STATE MANAGEMENT OF DIKES

Chapter 5:

The allocation of responsibilities and分级任务如下：

Article 14. Responsibilities and levels of state management over dikes as stipulated in Article 27 of the Dike Regulation Ordinance are defined as follows:

1. The Ministry of Agriculture and Rural Development:

a) Directing the People's Committees of provinces and coordinating with ministries and sectors in the formulation and implementation of planning and plans for construction, repair, protection, utilization, dike protection, and rescue of dikes.

b) Develop and submit to competent authorities for issuance, or issue within their authority, legal normative documents on dike management and regulations on design water levels for each dike line.

c) Aggregate, manage information and data on dike management throughout the country and organize research and development in science and technology related to construction and protection of dikes.

d) Issue, revoke, extend permits or agreements in accordance with Articles 13, 14, and 15 of the Dike Management Ordinance.

đ) Decide within their authority or submit to the Prime Minister for decision on mobilizing forces, materials, and means to protect dikes, rescue dikes, and mitigate consequences caused by typhoons and floods affecting dike works.

e) Build and develop international cooperation in the field of dike management.

g) Direct and guide provincial People's Committees to establish civilian forces to manage non-state budgeted dikes.

h) Take the lead and coordinate with ministries, sectors, and localities to disseminate, promote, and educate laws on dike management.

i) Organize specialized inspections on dike management; resolve complaints and denunciations regarding violations of dike management laws within their authority.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to direct, guide, and inspect sand, gravel, and stone exploitation activities with permits in rivers and streams, and cooperate with provincial People's Committees to prevent unauthorized exploitation that endangers dike safety.

3. The Ministry of Industry shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors to develop and implement plans to ensure the safety of hydropower projects, and follow procedures for flood regulation in reservoirs as prescribed.

4. The Ministry of Transport shall take the lead and coordinate with the Ministry of Agriculture and Rural Development and provincial People's Committees with dikes in matters concerning:

a) Planning navigation channels, bridges over rivers and streams to ensure flood discharge capacity of rivers and streams, transportation facilities, and the improvement of dike surfaces combined with road traffic, prioritizing dike safety and flood discharge without causing erosion to adjacent areas.

b) Developing plans to prepare equipment, materials, and measures to ensure safe transportation services for dike rescue operations during flood and typhoon seasons; directing the installation of road signs on dike roads used for transportation, installing inland waterway signals on relevant inland waterways related to dike safety, and inspecting compliance with these regulations.

5. The Ministry of Construction shall take the lead and coordinate with the Ministry of Agriculture and Rural Development, provincial People's Committees, and relevant ministries and sectors to provide technical guidance for the renovation and repair of existing houses and structures within the protected dike area, riverbeds, and riverbanks that continue to be used in accordance with Article 18 of the Dike Management Ordinance.

6. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance and the Ministry of Agriculture and Rural Development to ensure funding allocation for engineering solutions to cope with floods exceeding design levels or emergency flood situations. Allocate funds as a separate item for investment in dike construction, maintenance, management, protection, dike protection, dike rescue, and flood-prone areas, flood storage areas, and flood retardation areas.

7. The Ministry of Finance shall allocate an annual fund to address emergencies and mitigate damage to dikes before, during, and after each rain, flood, and typhoon season; take the lead and coordinate with the Ministry of Agriculture and Rural Development and relevant ministries and sectors:

a) Guide compensation and tax exemption/reduction for organizations and individuals affected by land excavation for dike construction and maintenance and flood and typhoon prevention works.

b) Develop and issue mechanisms and policies for patrol and guard forces protecting dikes, dike rescue, and compensation policies for materials and means mobilized for dike rescue operations within their authority or submit them to competent state agencies for issuance.

8. The Ministry of National Defense shall be responsible for coordinating with the Ministry of Agriculture and Rural Development and provincial People's Committees to direct and inspect the organization of forces, means, plans, and deployment of dike protection and rescue operations.

9. The Ministry of Public Security shall coordinate with the Ministry of Agriculture and Rural Development and provincial People's Committees to direct and guide public security forces to establish and implement plans to maintain order and security in weak dike areas and flood retardation areas during flood and typhoon seasons; inspect, prevent, and handle violations of dike management laws.

Article 15. Specialized inspections on dike management under Article 30 of the Dike Management Ordinance are stipulated as follows:

1. Tasks of the Dike Inspection Authority:

a) Inspect the implementation of laws on dike management and flood and typhoon prevention.

b) Inspect the establishment and implementation of planning, plans, and schemes for dike construction, maintenance, management, protection, utilization, and dike protection.

c) Inspect the management and use of materials reserved for flood and typhoon prevention.

d) Inspect the issuance, revocation, and implementation of permit or agreement contents for activities related to dike safety and flood discharge.

đ) Inspect the management, operation, and protection of flood regulation, flood distribution, flood retardation, and flood discharge facilities and other facilities related to dike safety.

e) Resolve complaints and denunciations regarding dike management.

2. The Minister of Agriculture and Rural Development shall submit to the Government for promulgation of a Decree stipulating the organization and operation of the specialized inspection authority on dike management.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 16. This Decree takes effect fifteen days after its publication in the Official Gazette.

This Decree replaces Decree No. 429/HĐBT dated December 15, 1990 of the Council of Ministers guiding the implementation of the Dike Management Ordinance of 1989.

Abolish previous regulations that conflict with this Decree.

Article 17. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.