Directive No. 236/CT-GTVT on the scope of protection for inland waterway transportation works

DIRECTIVE

Regarding the scope of protection for inland waterway transportation works

In recent times, various sectors and localities have cooperated with the transport sector to effectively implement Decree No. 40/CP dated July 5, 1996 of the Government on ensuring traffic order and safety on 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 occupying the channels of vessels. Particularly, the scope of protection for each inland waterway route suitable for different types of rivers, canals, and specific areas has yet to be clearly defined.

To address these issues, the Minister of Transport requests:

I- Provincial Departments of Transport and Provincial 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 jurisdictions according to the following principles:

A. SCOPE OF PROTECTION FOR CHANNELS:

1. Scope along the length:

a- For rivers and creeks: it is the length of the river or creek from the upper reaches to the estuary within Vietnamese internal waters.

b- For canals: it is the designed length.

2- Scope along the designed length.

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

b- For canal excavations: it is the boundary between the two designed banks.

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

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

d- For river mouths and bays: it is 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 districts, towns, 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 districts, towns, 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 of the vessel channel mentioned above are specified according to the technical levels of inland waterways (Vietnamese standards for classification of inland waterways 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 back 100 meters and downstream from the end of the bank forward 100 meters.

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

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

b- Open banks:

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

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

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

2- For dams:

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

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

For inner city, town, village, and hamlet areas where the scope of protection for river banks and dams needs to be changed, the provincial People's Committee or municipal People's Committee directly under the Central Government shall coordinate with the Ministry of Transport to examine and define the scope of protection suitable for reality.

C. SCOPE OF PROTECTION FOR PORTS AND WHARVES:

It is limited within the land boundary according to the land registration file 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, where intersections or parallel sections overlap with the scope of protection of railways or roads, which coincide with the scope of protection of inland waterways, all relevant sectors must coordinate to determine the scope of protection for inland waterway transportation works that fits the actual situation.

II- Based on the scope of protection for inland waterway transportation works approved by provincial People's Committees and municipalities, Provincial Departments of Transport (Provincial Departments of Transport and Public Works) shall closely cooperate with inland waterway management agencies, related departments, and local People's Committees to establish boundary markers for protection, serving as a 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, recommendations should be made to the local authorities to organize forced removal.

III- Inland waterway traffic inspectors shall cooperate with inland waterway traffic police forces 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 the protection zones for inland waterway transport 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 arising issues.

During implementation, 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.