Circular No. 25/2023/TT-BNNPTNT guides the maintenance and repair procedures for dikes and emergency handling of dike incidents.

CIRCULAR

GUIDELINES FOR THE MAINTENANCE AND URGENT (CRITICAL) RESPONSE PROCEDURES FOR LEVEE WORKS

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Pursuant to Decree No. 105/2022/NĐ-CP dated December 22, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Levee Law on November 29, 2006; the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Levee Law on June 17, 2020;

Pursuant to the Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Levee Law;

Pursuant to the Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Levee Law;

At the proposal of the Director of the Dike Management and Flood Control Department;

The Minister of Agriculture and Rural Development issues this Circular to guide the maintenance and urgent (critical) response procedures for levee works.

Article 1. Scope of Regulation

This Circular guides the maintenance and urgent (critical) response procedures for levee works in conjunction with related construction projects.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals involved in the maintenance and urgent (critical) response procedures for levee works.

Article 3. Procedure for preparing maintenance and upkeep plans for levee works from the central budget

1. Basis for planning:

a) The urgency to maintain and repair to ensure safety of the levees, prevent deterioration, and meet requirements for flood and storm prevention;

b) Current condition of the levees, degree of damage and erosion;

c) Requirements and tasks of levee management work;

d) Technical standards, economic-technical norms, cost norms, prices, unit prices related thereto.

2. The Department of Agriculture and Rural Development shall organize the preparation of maintenance and upkeep plans for levee works before June 15 each year, to be submitted to the Levee Management and Flood and Storm Control Department for review and consolidation.

The dossier for the plan includes:

a) A report from the Department of Agriculture and Rural Development, accompanied by a summary table of the maintenance and upkeep plan for levee works according to Model I attached to this Circular;

b) A plan report including: An explanatory assessment of the current condition of the levees (with accompanying images if available), the necessity of implementing maintenance and upkeep of the levees, proposed (estimated) technical solutions, preliminary quantities and costs for the implementation of maintenance and upkeep of the levees for each category and levee route; Representative cross-section drawings.

3. The Levee Management and Flood and Storm Control Department:

a) Organizes the preparation of content and funding for maintenance and upkeep of levees implemented by the Department;

b) Consolidates and prepares the maintenance and upkeep plan for levees, including: local plans under Clause 2 of this Article and contents specified in Point a, Clause 3 of this Article;

c) Submits to the Ministry of Agriculture and Rural Development before July 5 for submission to the Ministry of Finance for consolidation and submission to the competent authority as prescribed.

Article 4. Implementation procedure for maintenance and upkeep plans for levee works from the central budget

1. Based on the total funding allocated by the Ministry of Agriculture and Rural Development for maintenance and upkeep of levees, the current condition of the levees, and the specific characteristics of each locality, the Levee Management and Flood and Storm Control Department approves the funding, including:

a) Funding for the maintenance and upkeep plans of localities carried out by the Department of Agriculture and Rural Development;

b) Total funding for urgent (critical) responses to levee incidents;

c) Funding for maintenance and upkeep activities for levees organized by the Levee Management and Flood and Storm Control Department.

2. Based on the approved funding, the current condition of the levees, technical standards, unit prices, norms, and current regulations, the Department of Agriculture and Rural Development organizes the preparation of project proposals or economic-technical reports (for components involving construction) or outlines and budgets (for non-construction components), to be reviewed and approved by the Levee Management and Flood and Storm Control Department.

After the project proposal, economic-technical report, or outline and budget have been approved, the Department of Agriculture and Rural Development prepares a tender selection plan, submits it for approval by the Levee Management and Flood and Storm Control Department, and implements subsequent steps in accordance with legal provisions on construction and bidding.

3. For components organized by the Levee Management and Flood and Storm Control Department: Based on the approved funding, requirements and tasks of management work, technical standards, unit prices, norms, and current regulations, the Levee Management and Flood and Storm Control Department organizes the preparation, review, and approval of outlines and budgets, approves tender selection plans, and implements them accordingly.

Article 5. Emergency (urgent) handling of dike incidents from the central government budget

1. Procedure for emergency (urgent) handling of dike incidents from the central government budget

a) When a dike incident is discovered, the specialized agency responsible for state management of dikes under the Department of Agriculture and Rural Development shall inspect the specific location where the incident occurred and report in writing, proposing solutions to handle the incident;

b) The Department of Agriculture and Rural Development shall organize inspections of the incident, report, advise the People's Committee at the provincial level to direct relevant agencies to implement measures to ensure dike safety, and report to the Ministry of Agriculture and Rural Development through the Dike Management and Flood Control Agency. The file components are as stipulated in Appendix II issued together with this Circular;

c) Based on the report of the People's Committee at the provincial level, the Dike Management and Flood Control Agency shall conduct on-site inspections and provide written opinions on the policy for handling the incident and the funding source for handling the incident;

d) After receiving the written opinion of the Dike Management and Flood Control Agency on the policy and funding source for handling the incident, the People's Committee at the provincial level shall instruct the Department of Agriculture and Rural Development to organize the development of an emergency (urgent) handling plan (project) to be submitted to the Dike Management and Flood Control Agency for review and approval to implement. The file components are as stipulated in Appendix III issued together with this Circular.

2. The Department of Agriculture and Rural Development is responsible for submitting to the Chairman of the People's Committee at the provincial level to decide on declaring a natural disaster emergency situation according to Article 12 of Decree No. 66/2021/NĐ-CP dated July 6, 2021 of the Government detailing the implementation of certain provisions of the Law on Natural Disaster Prevention and Control and the Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on Dikes to organize emergency (urgent) handling of dike incidents.

The organization and implementation of urgent (emergency) projects to handle dike incidents shall be carried out according to Article 13 of Decree No. 66/2021/NĐ-CP.

In cases where dike incidents are discovered during typhoons or floods and immediate repairs are necessary to ensure the safety of the dike system, the Department of Agriculture and Rural Development shall report to the People's Committee at the provincial level to promptly implement rescue measures, and then complete the reporting file to submit to the Dike Management and Flood Control Agency for review and approval.

Article 6. Plan for maintenance and repair of dikes and emergency (urgent) handling of dike incidents from local government budgets

The establishment and implementation of plans for maintenance and repair of dikes and emergency (urgent) handling of dike incidents from local government budgets shall be carried out in accordance with the guidance of the People's Committee at the provincial level and current regulations.

Article 7. Effective Date

1. This Circular takes effect from February 15, 2024.

2. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced by other legal normative documents, the corresponding Articles, Clauses, and Points shall be applied in the amended, supplemented, or replacing documents.

3. During the implementation process, in case any difficulties arise, they should be reported promptly to the Ministry of Agriculture and Rural Development for study and resolution./.