Circular No. 26/2009/TT-BNN guiding the organizational structure, funding sources, and remuneration system for civilian dike management forces.

CIRCULAR

Guidelines on organizational structure, funding sources, and remuneration system for people's dike management forces

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Pursuant to the Law on Dikes dated November 29, 2006;

BASED ON Decree No. 113/2007/NĐ-CP dated June 28, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Dikes;

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

The Ministry of Agriculture and Rural Development guides the organizational structure, funding sources, and remuneration system for the people's dike management force as follows:

Article 1. Scope of Application

This Circular provides guidance on the organizational structure, funding sources, and remuneration system for the people's dike management force responsible for managing, protecting dikes and embankments in localities, not included in state administrative staffing, as stipulated in Clause 3, Article 37 of the Law on Dikes.

Article 2. Organizational Structure of People's Dike Management Forces

1. The people's dike management force shall be established by the People's Committee of the province, not included in state administrative staffing, organized according to the territory of each commune, ward, town adjacent to the dike (hereinafter referred to as the People's Committee of the commune).

Each member of the people's dike management force shall be responsible for managing no more than 3 kilometers of dike. Based on the number of kilometers of dike within the area, the Provincial People's Committee decides on the number of members of the people's dike management force.

3. The people's dike management force operates under the management and direction of the People's Committee of the commune and technical guidance from the specialized agency at the district level and the Dike Management Office or specialized dike management agency.

Article 3. Tasks of Members of the People's Dike Management Force

1. Comply with the assignment of the People's Committee of the commune and technical guidance from the specialized agency of the district and the Dike Management Office or specialized dike management agency;

Coordinate with specialized forces managing dikes in regularly inspecting, patrolling, and guarding dikes within their jurisdiction, participating in handling dike emergencies;

Inspect, detect, and promptly report the condition of dikes, damage, and dike emergencies;

Promptly detect and prevent violations of laws concerning dikes;

Draft records and recommend competent authorities to handle violations of laws concerning dikes;

Promote and disseminate laws concerning dikes, mobilize the public to comply with laws concerning dikes;

Participate with specialized agencies in developing dike protection plans and measures to prevent floods and typhoons;

8. Participate in managing and protecting technical facilities serving dike management and protection work such as: dike watch points; flood, storm, and typhoon prevention materials; dike regulation signs; boundary markers; wave-breaking trees protecting the dike and other auxiliary works;

When performing duties, members of the people's dike management force must wear a red armband with the yellow letters "QLĐND" on the left arm.

Article 4. Regulations on the system and content of reports

1. People's dike management staff have the responsibility to report to the People's Committee of the commune twice a month on the 1st and 15th of each month regarding the condition of the dikes, flood and storm prevention works, and flood, storm, and typhoon prevention materials in their assigned area.

2. The People's Committee of the commune has the responsibility to compile reports from people's dike management staff and report to the specialized agency at the district level and the Dike Management Office or specialized dike management agency once a month.

3. When performing tasks, if people's dike management staff discover violations of laws related to dikes or damage and accidents involving dikes, they must promptly report to the specialized agency managing dikes, the People's Committee, or the Flood and Storm Prevention Command of the commune to handle the situation promptly.

4. Content of the report when discovering violations of laws concerning the dyke system or damage and accidents involving the dyke system:

a) Time of discovery of violation or damage and accident involving the dyke system;

b) The location, degree, characteristics, size, development of violations or damage and accidents involving dikes, and proposed measures for handling;

In cases where dangerous violations or damage and accidents involving the dyke system pose a threat to the safety of the dyke system, immediate measures must be taken to prevent them and urgent reports made to competent authorities for prompt handling.

Article 5. Sources of funding and policies for staff managing people's dykes

1. People's dike management staff shall receive remuneration. Based on the actual situation of the locality, the People's Committee of the province shall specify the specific amount of remuneration for people's dike management staff.

2. Staff managing people's dykes shall be trained in professional knowledge and skills related to the management and protection of the dyke system and dike maintenance.

3. People's dike management staff shall be provided with labor protective equipment when performing tasks (raincoats, boots, hard hats, flashlights) and shall enjoy current regulations concerning benefits and policies in case of accidents while on duty.

4. The funding source for maintaining the activities of the people's dike management force shall be taken from the local flood and storm prevention fund collected according to Decree No. 50/CP dated May 10, 1997 of the Government and the local budget guaranteed by the State Budget Law.

Article 6. Responsibilities of the People's Committees of the district and commune where there are dikes

1. Responsibilities of the People's Committee of the district where there are dikes:

a) Guide the People's Committee of the commune where there are dikes to organize the people's dike management force; guide their operations and inspect and urge them to fulfill their tasks;

b) Direct the functional department of the district to coordinate with the Dike Management Office or specialized dike management agency to provide training on professional knowledge and skills for dike management and protection for the people's dike management force;

c) Direct, inspect, and guide the People's Committee of the commune on the payment of remuneration and other benefit policies for the people's dike management force.

2. Responsibilities of the People's Committee of the commune where there are dikes:

a) Organize the people's dike management force within its jurisdiction. Directly manage and direct the activities of the people's dike management force in accordance with this Circular;

b) Pay the remuneration expenses and implement benefit policies for people's dike management staff in accordance with state regulations.

Article 7. Responsibilities of the Department of Agriculture and Rural Development

1. Advise the People's Committee of the province, coordinate with the People's Committee of the district where the dike is located to organize and guide the activities of the people's dike management force.

2. Organize and direct the Dike Management Station or specialized dike management agency to coordinate with the People's Committee of the district to organize training on professional and vocational matters related to dike management, protection, and dike households for the people's dike management force.

3. Direct the specialized dike management force to cooperate with the people's dike management force in regularly inspecting, patrolling, and guarding the dike within their jurisdiction, participating in handling dike incidents.

Article 8. Implementation provisions

1. This Circular shall take effect 45 days from the date of signature.

2. During the implementation process, if there are difficulties, the People's Committees of the provinces and centrally governed cities are requested to promptly report to the Ministry of Agriculture and Rural Development for research and resolution./.