Ordinance No. 26/2000/PL-UBTVQH10 on Dikes and Levees

Levees and dikes are important works constructed, maintained, and repaired by our people through generations to prevent floodwaters and seawater, protect human lives, production activities, and state, collective, and individual assets;

To enhance the effectiveness of state management, increase the responsibility of all levels of government, state agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, and all individuals in constructing, repairing, protecting, and using levees and dikes;

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Water Resources Law;

Based on the Resolution of the 10th National Assembly, 6th Session regarding the Law and Decree Program for 2000,

This Ordinance stipulates matters concerning levees and dikes.

PART I

1. This Ordinance stipulates the construction, repair, protection, and use of levees and dikes.

2. The levees and dikes regulated in this Ordinance include:

a) Flood and seawater barriers;

b) Protective embankments;

c) Irrigation and drainage culverts through levees;

d) Other auxiliary works.

Article 3. Based on the economic and social importance, and the requirements for ensuring national defense and security of each area protected from flooding by levees, levees are classified into special grade, Grade I, Grade II, and Grade III. and Class IV standards.

The Government shall establish standards for levee classification and approve the classification of each levee line.

Article 4. Cơ State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, and all individuals have the responsibility to implement the provisions of this Ordinance and other relevant laws.

Vietnam Fatherland Front Committee and member organizations of the Front within their respective functions and powers have the responsibility to promote, educate, and mobilize the people to comply with the law on levees and dikes.

Article 10. Credit organizations on Individuals have the duty to protect levees and dikes.

Any person who discovers acts causing damage or threatening the safety of levees and dikes, or damages caused by natural disasters, must promptly stop such acts and report them immediately to local authorities or levee management staff.

3. Constructing buildings within the scope of protection of levees and dikes, on riverbanks, and riverbeds, except for specialized works permitted for flood and storm prevention, transportation, national defense, and security, and other special works; 4. Dumping waste within the scope of protection of levees and dikes, on riverbanks, and riverbeds; storing materials on levees, except for flood and storm prevention reserves;

5. Blasting that endangers the safety of levees and dikes, except when blasting is necessary to divide floods or delay floods as decided by competent state authorities; 6. Using motor vehicles exceeding the permissible load capacity of levees and culverts; using motor vehicles with four or more wheels on levees during emergencies or when flood levels exceed warning level three, except for inspection vehicles, levee protection vehicles mobilized or permitted by competent state authorities, and vehicles with special security, national defense, medical, and fire-fighting requirements;

7. Cutting grass, stacking straw, wood, and debris on levees; 8. Other acts directly affecting the safety of levees and dikes and rapid flood drainage, except for activities permitted by competent state authorities as stipulated in Article 12 of this Ordinance.

In exceptional circumstances, organizations and individuals must obtain permission from competent state authorities before conducting any of the following activities:

1. Cutting levees to construct works within the scope of protection of levees and dikes; 2. Drilling exploration within the scope of protection of levees and dikes;

3. Constructing specialized works for flood and storm prevention, transportation, national defense, and security, and other special works within the scope of protection of levees and dikes;

1. The Ministry of Agriculture and Rural Development shall grant permits for the activities specified in Clauses 1, 2, 3, and 5 of Article 12 of this Ordinance for Dikes from Class III to Special Class.

2. Provincial People's Committees and Municipal People's Committees under the Central Government shall grant permits for the activities specified in Article 12 of this Ordinance for Dike Class IV and Clause 4 of Article 12 of this Ordinance for Dikes from Class III to Special Class.

Article 14. The issuance of construction, renovation, upgrading permits for works, channel dredging, or sand and gravel extraction not within the dike protection area but affecting dike safety and flood discharge must be agreed upon in writing by the Ministry of Agriculture and Rural Development for Dikes from Class III to Special Class, and by the Provincial People's Committee or Municipal People's Committee under the Central Government for Dike Class IV.

Organizations and individuals improving the dike for combined road traffic purposes must obtain written consent from the Ministry. of Agriculture and Rural Development for Dikes from Class III to Special Class, and by the Provincial People's Committee or Municipal People's Committee under the Central Government for Dike Class IV.

Organizations and individuals managing and exploiting the surface of the improved dike for combined road traffic purposes are responsible for maintaining and repairing that dike surface; maintenance and repair work must comply with technical standards for dikes and traffic.

a) Houses and structures on the dike surface, slope, core, and within 5 meters from the current base of the dike at all levels must be relocated; b) Houses and structures located between 5 meters from the current base of the dike and the end of the protected area of the dike system may continue to be used but may not be expanded; owners and users must implement measures to ensure the safety of the dike system; in cases where construction was carried out after the promulgation of the Decree on Dikes in 1989 without permission from the competent state authority, they will be dealt with according to the degree of violation as stipulated by law;

c) Houses and structures on riverbanks, riverbeds that do not directly affect flood drainage may continue to be used; if they directly affect flood drainage, they must be relocated; if they significantly affect rapid flood drainage, they must be relocated ahead of time. Relocation of houses and structures shall be carried out according to the plan of the competent state authority.

c) Houses and works located on riverbanks, riverbeds that do not directly affect flood discharge may continue to be used; in cases where they directly affect flood discharge, they must be relocated; in cases where they directly affect rapid flood discharge, they must be relocated first. The relocation of houses and works shall be carried out according to the plan of the competent state agency.

2. Owners and users of houses and structures that need to be relocated shall be compensated for losses or provided financial support according to the provisions of law.

The Government shall specify the implementation of this Article.

Article 19. AND The Ministry of Agriculture and Rural Development shall take the lead in coordinating with relevant agencies to unify the models of various warning signs related to dikes.

Dike patrols must be conducted regularly during the flood and typhoon season, and timely rescue operations must be carried out when dikes are threatened by floods or typhoons or there is a risk of such threats.

Rescue operations for facilities related to the safety of dikes shall be treated as rescue operations for dikes.

2. The Ministry of Agriculture and Rural Development shall be responsible for assisting the Government in directing dike patrols and rescue operations.

3. Ministries, ministerial-level agencies, and governmental agencies shall be responsible for establishing and implementing emergency plans for rescuing facilities related to the safety of dikes within their management scope and participating in rescue operations for dikes in localities according to mobilization decisions made by the Government.

4. People's Committees at all levels within their duties and powers shall be responsible for organizing and implementing dike patrols and rescue operations to ensure the safety of dikes according to design standards.

The Chairman of provincial People's Committees and municipal People's Committees directly under the central government shall be responsible for directing the development and approval of dike patrol and rescue plans in their respective localities; inspecting, urging, and directing all levels and sectors to implement those plans.

The Chairmen of district People's Committees, town People's Committees, and commune People's Committees shall be responsible for organizing the implementation of approved dike patrol and rescue plans.

The Chairmen of People's Committees at all levels shall be responsible for organizing rescue operations for dikes in other localities according to mobilization orders from competent state authorities.

1. The direction and command of dike patrols and rescue operations by the Central Flood and Storm Prevention and Control Steering Committee, the Flood and Storm Prevention and Control Command of ministries, ministerial-level agencies, governmental agencies, and local levels shall be carried out according to the provisions of the Decree on Flood and Storm Prevention and Control. localities shall implement in accordance with the provisions of the Ordinance on Flood and Storm Prevention and Control.

2. The military shall be responsible for dike patrols and rescue operations and shall be the main force in these activities.

2. The class organizes a meeting with the class teacher (or academic advisor, training advisor) participating, proceeding to review and approve the points of each student based on the agreement of more than half of the collective opinion of the class unit and must be accompanied by a record. Subjects and individuals mobilized must comply with the decision of the competent state agency. Materials and means mobilized must be returned after use; if damaged, they shall be compensated according to the provisions of the law.

Persons who are injured or suffer loss of life while participating in dike protection or dike rescue operations shall be entitled to enjoy the benefits and policies prescribed in Articles 28, 29, 30, and 31 of the Law on Public Service Obligations.

5. Organizing the collection and management of information and materials about the dye system and related works concerning the safety of dyes; 6. Investing and organizing research and application of advanced science and technology in the construction, repair, protection, and utilization of dyes, dike protection, and dike rescue operations; training and improving technical skills and expertise for those working in dye-related tasks;

7. Promoting and disseminating laws, knowledge, and experience on the management and protection of dyes to the community;

8. Inspecting and auditing compliance with laws on dyes; resolving complaints and denunciations regarding dyes;

9. Directing the implementation of international relations in the field of dyes.

1. The Government shall uniformly manage state administration over dyes.

2. The 3. Ministries, agencies equivalent to ministries, and government agencies shall have the responsibility to coordinate with the Ministry of Agriculture and Rural Development to implement state administration over dyes according to the division of labor assigned by the Government.

4. People's Committees at all levels shall be responsible for managing state administration over dyes within their respective localities according to the delegation of authority by the Government.

The Government shall specify the detailed division of responsibilities and delegation of authority for state administration over dyes.

Provincial People's Councils, People's Committees of centrally governed cities shall be responsible for ensuring the safety of dyes within their respective localities according to design standards.

Article 31. Credit organizations on Any person who engages in acts of destroying dyes, drilling, digging, cutting, using dyes illegally, or violating other provisions of this Ordinance shall be subject to administrative penalties or criminal prosecution depending on the nature and degree of violation; if damage is caused, compensation shall be made according to the provisions of the law.