Directive No. 236/1997/CT-BGTVT on the scope of protection for inland waterway traffic works

DIRECTIVE

On the scope of protection for inland waterway transportation works

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In recent times, various sectors and localities have cooperated with the transport sector to effectively implement Decree 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety for inland waterways, achieving initial results. People working on rivers and those living along the corridors of inland waterways have become aware of their responsibility in ensuring traffic order and safety, thus voluntarily dismantling many illegal structures such as fish traps, stalls, and other unauthorized constructions. The channels have become more navigable. However, the implementation of clearance work along the corridors of inland waterways has not been thoroughly carried out. By May 1997, only 14% of illegal encroachments had been cleared, mainly involving the removal of fish traps and other obstacles that intruded upon the channels of vessels. Particularly, the scope of protection for inland waterway routes suitable for each type of river, canal, and specific area has yet to be clearly defined.

To address these issues, the Minister of Transport requests:

I- Provincial Departments of Transport, Departments of Transport and Public Works shall cooperate with the Vietnam Inland Waterways Administration to develop plans and advise provincial People's Committees and municipalities directly under the Central Government to determine the boundaries for protecting vessel channels on rivers, canals, creeks, lakes, bays, docks, and other inland waterway transportation works within their respective jurisdictions according to the following principles:

A- SCOPE OF PROTECTION FOR CHANNELS:

1. Lengthwise scope:

a- For rivers and creeks: the length of the river or creek from the upper reaches to the mouth within Vietnam's internal waters.

b- For canals: the designed length.

2- Designed length scope.

a- For rivers and creeks: the boundary between the two natural banks. If it is difficult to determine the natural bank, the 5% frequency water level may be used.

b- For excavated canals: the boundary between the two designed banks.

c- For lakes and ponds: the highest water level limit of the shore or islands along both sides of the vessel channel.

Specifically for artificial lakes like Hoa Binh, Thac Ba, Tri An... the highest water level limit according to the lake design is applied.

d- For river mouths and bays: the water area limited by two rows of markers placed on both sides of the vessel channel.

3. The protective corridor for rivers, canals, creeks, lakes, ponds, and swamps is generally defined as follows:

a- Outside urban areas, townships, villages, and hamlets, the protective corridor extends from the natural bank (for natural rivers, creeks, lakes, ponds, and bays) or the designed bank (for artificial canals and lakes) inward at least 10 meters. For newly planned residential areas, it is at least 20 meters.

b- Within urban areas, townships, villages, and hamlets, the protective corridor extends from the natural bank (for natural rivers, creeks, lakes, ponds, and bays) or the designed bank (for artificial canals and lakes) inward at least 5 meters. For newly planned residential areas, it is at least 10 meters.

c- The clear height and depth within the scope of protection for the vessel channel are specified according to the technical standards of inland waterways (Vietnamese Standards for Inland Waterway Grades issued by the Ministry of Science and Technology and Environment).

B- SCOPE OF PROTECTION FOR RIVER BANKS AND DAMS:

1- For river banks:

a- Sloped banks (bank facing):

- Upstream from the start of the bank for 100 meters and downstream from the end of the bank for 100 meters.

- From the top of the bank inward toward the shore for 50 meters.

- From the bottom of the bank outward toward the river for 20 meters.

b- Open banks:

- From the root of the bank inward toward the shore for 50 meters.

- From the bottom of the head of the bank outward toward the river for 20 meters.

- From the bottom of the bank upstream and downstream for 100 meters each (including clusters of banks as well as individual banks).

2- For dams:

- From the root of the bank on the shore side and the head of the bank on the beach side of the dam for 100 meters each and upstream and downstream for 200 meters each.

- From the bottom of the dam bank upstream and downstream for 200 meters each.

For urban and rural areas where the scope of protection for river banks and dams needs to be changed, the People's Committee of the province or municipality directly under the Central Government shall consult with the Ministry of Transport to define the scope of protection in accordance with actual conditions.

C- SCOPE OF PROTECTION FOR PORTS AND WHARVES:

It is limited within the land boundary according to the land registry records and the water area announced by the competent authority.

D- CASES WHERE THE WATER AREA OF INLAND WATERWAYS OVERLAPS WITH THE SCOPE OF PROTECTION OF OTHER SECTORS

1. For dykes and flood control works: The water area is calculated from the protection boundary of the dyke outward toward the river or sea.

2. For works crossing rivers, intersecting or running parallel to the scope of protection of railways or roads overlapping with the scope of protection of inland waterways, the relevant sectors must coordinate to determine the scope of protection for inland waterway transportation works in accordance with actual conditions.

II- Based on the scope of protection for inland waterway transportation works approved by the provincial People's Committee for each river and canal, the Provincial Departments of Transport (Departments of Transport and Public Works) shall closely cooperate with the waterway management agencies, related departments, and local People's Committees to set up boundary markers, serving as the basis for clearing encroachments on inland waterway transportation works: intensifying propaganda and mobilizing the public to voluntarily dismantle and relocate encroaching structures and sign commitment deadlines for implementation. If the deadline is exceeded, they should request the local authorities to organize forced clearance.

III- The inland waterway traffic inspection force shall cooperate with the inland waterway traffic police force to plan phased clearance of encroachments on the protective corridors of inland waterway transportation works, prioritizing urgent clearance of encroachments on vessel channels and important structures such as river banks and dams. They shall strengthen inspections, identify, and resolutely handle cases of re-encroachment within the scope of protection for inland waterway transportation works.

IV- The Ministry of Transport delegates the Vietnam Inland Waterways Administration to guide localities, direct river management sections, and specialized inspection forces to effectively implement the determination of protection zones for inland waterway transportation works as stipulated in Sections A, B, C, D, Part II of this Directive; promptly report and make recommendations to the Ministry of Transport and People's Committees at all levels to resolve emerging issues.

During the implementation process, Departments of Transport (Public Works) shall regularly report to the Vietnam Inland Waterways Administration for consolidation and submission to the Ministry of Transport for consideration and resolution.