Decision No. 274/TTg On Step 2 Handling of Violations of the Dike Regulation Ordinance in Hanoi

DECISION OF THE PRIME MINISTER

On Handling Step 2 Violations of the Law on Dikes and Reservoirs in Hanoi

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Law on Dikes and Reservoirs dated November 16, 1989, and Decree No. 429/HĐBT dated December 15, 1990, of the Council of Ministers (now the Government) regarding the implementation of the Law on Dikes and Reservoirs;

Considering the reports of the Ministry of Water Resources and the scientific and technological assessment report established by the State Science, Technology, and Environment Ministry;

Based on the results of meetings held on April 21, 1995, and April 26, 1995, chaired by the Prime Minister with the participation of representatives from relevant ministries, sectors, and the People's Committee of Hanoi City;

On the basis of the results of handling step 1, to ensure long-term safety and sustainability for the dike section protecting Hanoi and maintain strict discipline;

DECISION:

Article 1. Implement the plan for handling step 2 violations of the Law on Dikes and Reservoirs at the Yen Phu - Nhật Tân dike section, located in Ba Đình District and Từ Liêm District, Hanoi City, as follows:

1. Regarding technical handling:

Considering the poor bearing capacity of the dike foundation and other adverse factors at the Yen Phu - Nhật Tân dike section; based on the opinions of experts in this field; to ensure dike safety, the Minister of Water Resources shall take the lead, coordinate with the Ministry of Construction, the Ministry of Science, Technology, and Environment, and the People's Committee of Hanoi City, to implement technical handling step 2 as follows:

a. Decide and be responsible for technical handling measures; direct, inspect, and supervise the People's Committee of Hanoi City to implement these measures to strengthen dike stability and create favorable conditions for management within the dike protection zone, focusing on resolving nearby areas promptly.

b. Decide and announce specific handling levels for houses and structures within the dike protection zone according to the three categories listed in Article 3 of Decision No. 158/TTg dated March 16, 1995, of the Prime Minister. Construction of new works in remaining vacant land must strictly comply with laws on dikes and reservoirs. The construction of new works in remaining vacant land must strictly comply with laws on dikes and reservoirs.

Technical handling step 2 must be completed before August 31, 1995.

2. Regarding legal handling:

Entrust the Chairman of the People's Committee of Hanoi City to take the lead, based on land laws, the Law on Dikes and Reservoirs, Decree No. 429/HĐBT dated December 15, 1990, of the Council of Ministers (now the Government), and construction regulations, coordinate with relevant sectors to handle violations and restore social order at the Yen Phu - Nhật Tân dike section.

During the handling process, distinguish specific cases for individuals with houses and structures within the dike protection zone to have appropriate policies and measures. For cases violating the law, disciplinary actions, administrative penalties, or criminal prosecution will be applied depending on the severity and nature of the violation.

The Ministry of Home Affairs shall urgently conduct investigations, closely cooperate with the Supreme People's Procuracy, the Supreme People's Court, and functional agencies of Hanoi City to promptly bring to trial those who seriously violate the law on dikes and reservoirs at the Yen Phu - Nhật Tân dike section, thereby creating favorable conditions for handling step 2 and promoting the implementation of certain state policies and Hanoi City policies in the near future.

Article 2. Handling step 2 must be carried out promptly, resolutely, openly, and fairly; enhance education, propaganda, and explanation so that everyone and every organization understands and complies with the law, and monitor implementation to ensure political stability and social security; at the same time, coercive measures must be applied to those who do not comply.

Article 3. The Ministry of Finance and the State Planning Commission shall balance and provide sufficient and timely funds according to the budget of the Ministry of Water Resources (within the capital already allocated in the 1995 plan).

The People's Committee of Hanoi City shall work with the Ministry of Finance to resolve funding for handling step 2.

Article 4. Based on current regulations and experience in handling violations of the Law on Dikes and Reservoirs at the Yen Phu - Nhật Tân dike section (Hanoi), the Ministry of Water Resources shall be responsible for:

Developing a dike safety protection plan for Hanoi; announcing it for public knowledge, implementation, inspection, and serving as a basis for implementing dike safety protection plans nationwide.

Directing and coordinating with the People's Committee of Hanoi City to continue handling violations of the Law on Dikes and Reservoirs along the entire dike line of the city;

Directing provinces with dikes to strictly examine and handle violations of the Law on Dikes and Reservoirs, ensuring absolute safety for dikes, especially in weak areas, and promptly prepare for flood prevention in 1995.

Summarize the implementation of the Law on Dikes and Reservoirs nationwide and propose measures to ensure long-term dike safety.

Article 5. The Minister of Water Resources, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and the Chairman of the People's Committee of Hanoi City are responsible for implementing this Decision.

Provincial People's Committees and provincial-level cities directly under the central government shall base their guidance on the spirit of this Decision to handle violations of the Law on Dikes and Reservoirs in their respective localities.